Articles Posted in Attorney Marc L. Breakstone

Attorney Marc L. Breakstone recently authored an article which appears in the May 2019 edition of MATA Journal. The journal is published by the Massachusetts Academy of Trial Attorneys.


Assessing bias in voir dire after ‘Williams’

By Marc L. Breakstone

Attorney Marc L. Breakstone

Attorney Marc L. Breakstone

The recent Supreme Judicial Court decision in Commonwealth v. Williams, 481 Mass. 443 (2019), generated quite a buzz on the MATA Listserv. Members questioned the significance of the decision, which analyzes how a potential juror should be screened for impartiality.

The opinion suggests that, regardless of the biased opinions or beliefs expressed by a potential juror during voir dire, the juror could be deemed impartial as long as the juror pledges to either set aside or disregard their opinion, to commit to deciding the case on the evidence and to follow the court’s instructions.

Williams meticulously analyzes how trial judges should determine impartiality when a prospective juror expresses potentially interfering bias during jury selection. The majority begins with the acknowledgment that “[o]ur jurisprudence regarding how to assess beliefs or opinions expressed by prospective jurors during voir dire has been less than clear.” The opinion then promises to “set forth factors that a judge should consider when a prospective juror discloses a belief or opinion based on his or her world view.” Clarity on these important subjects is what every trial lawyer seeks.

Unfortunately, Williams raises more questions than it answers. The defendant in Williams was charged with possession with intent to distribute a class B substance. During jury selection, a prospective juror raised her hand in response to a question whether there was “anything about the subject matter or your views about the subject matter that would affect your ability to be fair and impartial in deciding the case?”

During judge-conducted voir dire, the juror stated a belief that the criminal justice system is rigged against young African American males. When asked by the judge if she could put aside that opinion and bias, the juror stated she did not think she could put it aside.

Continue reading this article in the MATA Journal. The article begins on page 2.


Attorney Marc L. Breakstone

Attorney Marc L. Breakstone has practiced law in Boston for more than 30 years and focuses on the representation of plaintiffs in personal injury and medical malpractice cases. He has long advocated for expanded attorney participation in voir dire in Massachusetts.

About Breakstone, White & Gluck

The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients who have been injured by the negligence and wrongdoing of others in Massachusetts. If you have been injured or have lost a loved one, it is critical to learn your rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.

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Attorney Marc L. Breakstone, who is representing a family who lost a loved one in the Lynnway Auto Auction crash, speaks to WHDH TV in Boston. Watch.

Attorney Marc L. Breakstone was interviewed by WHDH TV yesterday, following the announcement that the Lynnway Auto Auction, Inc. and company president James Lamb will each face five counts of manslaughter in the 2017 crash killing five people. Breakstone is representing one of the families who lost a loved one.

“This goes beyond normal everyday negligence,” he said. “This was gross negligence that created a dangerous environment for employees and others at the auction.”

Best Lawyers Best Law Firms Tier 1 rating for Breakstone, White & Gluck.

Breakstone, White & Gluck was recognized with a 2019 Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

We are pleased to announce that Breakstone, White & Gluck of Boston has received a Tier 1 ranking from the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” The firm received the Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

Breakstone, White & Gluck and our attorneys have been selected for U.S. News – Best Lawyers® and “Best Law Firms” rankings this year and in the past. In this year’s Best Lawyers ratings, Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for individual recognition in various areas of our practice, including personal injury litigation – plaintiffs, insurance law, medical malpractice and professional malpractice.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from other attorneys and other information provided by law firms.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm with over 100 years combined experience and record-setting awards and settlements. Across Massachusetts and New England, our lawyers are known for our unwavering commitment to reach the best financial outcome for every client. We have earned recognition from “Best Law Firms” and Best Lawyers, along with Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. Our attorneys hold top professional and ethical ratings from Martindale-Hubbell.

Our Attorneys

Attorney Marc L. Breakstone, a Boston personal injury lawyer and medical malpractice lawyer

Attorney Marc L. Breakstone

Attorney David W. White, a Boston personal injury lawyer

Attorney David W. White

Attorney Ronald E. Gluck, a Boston personal injury lawyer

Attorney Ronald E. Gluck

Attorney Reza Breakstone, a Boston personal injury lawyer

Attorney Reza Breakstone

Our Practice
Our firm specializes in personal injury and medical malpractice cases, including those involving catastrophic injuries and traumatic brain injury, including:

Free Legal Consultation
Boston Personal Injury Lawyers – Worcester Personal Injury Lawyers
If you have been injured, it is important to consult an experienced Boston personal injury lawyer or Worcester personal injury lawyer to learn your rights. You may have the right to obtain financial compensation for your injuries. Our attorneys represent those injured across Massachusetts, including in Boston, Waltham, Framingham, Cape Cod, Brockton, Plymouth, Worcester, the North Shore, the South Shore and Western Massachusetts.

For a free legal consultation, call our firm at 800-379-1244 or 617-723-7676 or use our contact form.

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Attorney Marc L. Breakstone

Attorney Marc L. Breakstone was interviewed by WBZ NewsRadio this morning about his client’s plans to file a wrongful death lawsuit against Columbia Gas and parent company NiSource. Attorney Breakstone is representing the family of Kenneth DeVeau, a North Andover man who suffered injuries when he was evacuated and later died from complications.

Listen to the 60-second clip below or read the full article on the WBZ NewsRadio website. You can also listen to this audio clip on the WBZ NewsRadio website.

Source: Audio news clip is courtesy of WBZ NewsRadio.

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Ronald E. Gluck, Marc L. Breakstone and David W. White of Breakstone, White & Gluck

We are pleased to announce that Breakstone, White & Gluck and our attorneys have been recognized by Super Lawyers for the 15th year. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Lawyers are rated nationwide, across 70 practice areas, with just a select number recognized.

2018 Recognition

In 2018, our lawyers have been named to a number of Super Lawyers lists, including the 2018 Top New England Super Lawyers,  2018 Top 100 Massachusetts Super Lawyers and 2018 Massachusetts Super Lawyers in personal injury and medical malpractice, and the 2018 Rising Stars list.

Marc L. Breakstone has been selected to the Top 100 New England Super LawyersTop 100 Massachusetts Super Lawyers and to the 2018 Massachusetts Super Lawyers list, recognized as a top-rated medical malpractice attorney in Boston.

David W. White has been selected to the 2018 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston.

Ronald E. Gluck has been selected to the 2018 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston.

Reza Breakstone has been selected to the 2018 Massachusetts Rising Stars list.

About Breakstone, White & Gluck

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Reza Breakstone

Marc L. Breakstone, David W. White and Ronald E. Gluck founded the law firm of Breakstone, White & Gluck in Boston in 1992. Reza Breakstone joined the firm as an associate in 2015.

At Breakstone, White & Gluck, our Boston personal injury lawyers fight for justice for those who have been seriously injured or killed by the negligence and wrongdoing of others. Our lawyers have won numerous record-setting verdicts and settlements. We specialize in cases involving personal injury, medical malpractice, wrongful death, traumatic brain injuries and motor vehicle crashes. Read more.


Super Lawyers Ratings: Built on Peer Reviews

The 2018 New England Super Lawyers listings, just released, are meant to serve as a resource to help those searching for attorneys and are available for free online. Most years, they are published in Boston Magazine. When you visit a law firm’s website, you can also look for the Super Lawyers badge to see if a lawyer has been rated.

Super Lawyers, a Thomson Reuters business, recognizes the top 5 percent of lawyers across the state, along with a Rising Stars list highlighting the top lawyers under 40 years old (or the top 2.5 percent statewide). Lawyers are rated through a multiphase selection process, including a statewide survey of lawyers, independent research evaluation and peer reviews by other top-rated attorneys in a practice area. The peer reviews are what make the Super Lawyers listings so valuable to consumers and other attorneys. When you call a lawyer rated by Super Lawyers, you can trust other highly experienced lawyers have already reviewed the lawyer’s skills and experience in their specialty.

The independent evaluation considers the following 12 indicators:

  • Verdicts/Settlements
  • Transactions
  • Representative Clients
  • Experience
  • Honors/Awards
  • Special licenses/certifications
  • Position within the law firm
  • Bar and/or professional activity
  • Pro bono and community service
  • Scholarly lectures/writings
  • Education/employment background
  • Other outstanding achievements

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Attorney Marc L. Breakstone of Boston in a television interview in 2016.

Attorney Marc L. Breakstone, speaking to a reporter in 2016.

Attorney Marc L. Breakstone was interviewed by The Boston Business Journal about the Merrimack Valley home explosions. Attorney Breakstone roughly estimated there are $100 million in legal liabilities related to the natural gas explosions, which devastated entire neighborhoods in Lawrence, Andover and North Andover last week. His early estimate was based in part on a preliminary assessment of home values in the area.

Attorney Breakstone is a Boston personal injury lawyer, with over 35 years of experience representing those who have been injured by negligence. He is experienced at representing those injured in construction accidents and home gas explosions.

If your family has been affected by the Columbia Gas explosions or fires, Breakstone, White & Gluck can assist you. Please call us at 800-379-1244 for a free legal consultation.

In the summer of 2010, one of our clients died after a propane gas explosion in the Norfolk, Massachusetts condominium where he was working. Our client was trapped for more than 90 minutes before he was rescued. He died the next day.

We later learned our client had no warning there was a propane gas leak. The chemical odorant added to emit a “rotten eggs” smell had faded. Attorney Breakstone filed a wrongful death lawsuit against EnergyUSA and Smolinsky Brothers Plumbing and Heating, alleging EnergyUSA was negligent and had under-filled a new propane tank. He later negotiated a $7.5 million settlement with the defendants in 2012.

The Norfolk explosion raised awareness of the dangers caused when companies are negligent in handling propane gas. In Massachusetts, state officials warned consumers to check recent propane deliveries. In July 2013, the federal Pipeline and Hazardous Materials Safety Administration published a national safety alert warning the public about the risks of under-odorization.

For background on this case, read the settlement announcement. You can also visit our website.

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Boston personal injury lawyers Breakstone, White & Gluck

Left to right: Attorney Ronald E. Gluck, Attorney Marc L. Breakstone and Attorney David W. White have been recognized by Best Lawyers in America© 2019.

Breakstone, White & Gluck announces that our partners have been recognized in The Best Lawyers in America© 2019. Best Lawyers© is the oldest and most respected attorney ranking service in the world, providing a resource for those searching for legal services for more than 30 years. It ranks lawyers in partnership with U.S. News & World Report and other media partners.

Best Lawyers© compiles its annual list of attorneys based on a peer-review process. Nominations can be submitted online by members of the public, clients and other attorneys. But attorneys alone provide evaluations. Nearly 87,000 lawyers around the world are eligible to participate. For the ninth year, lawyers in the Boston region chose to rank Breakstone, White & Gluck. Our rankings:

Boston personal injury attorney Marc L. Breakstone

Read an announcement about Attorney Marc L. Breakstone and our Project KidSafe campaign in the Lexington Minuteman. Attorney Breakstone and our bicycle helmet donations in Arlington and Lexington are mentioned.

 

Breakstone, White & Gluck was pleased to participate in Boston’s Bike to Work Festival on May 18, 2018. The City of Boston organizes this event each year to encourage and celebrate cycling. Cyclists can ride right into City Hall Plaza and enjoy a free breakfast and vendor tables. Our attorneys have participated in this event for the past few years and it’s always a fun way to close out Bay State Bike Week and Bike Month. This year, we set up our Project KidSafe tent and fit 70 free bicycle helmets for cyclists who needed one.

If you missed this year’s event, you can learn more on the City of Boston’s website. Read more about our Project KidSafe campaign on our website.

Here are a few photos from the event:

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Attorney Marc L. Breakstone helped deliver new bicycle helmets to Arlington fifth graders this week. He asked them to make a promise: to ride safely and always wear their helmets when riding to prevent head injuries.

“Now I’m not here to scare you. I’m here to inspire you, okay? … I want you all to be safe bicyclists,” Breakstone said.