Posts Tagged ‘attorney’
Annual Walk to the Hill for Civil Legal Aid: Lawyers, Advocates Seek $27 Million Budget for Low-Income Services
We joined hundreds of lawyers at the Massachusetts State House Thursday to lobby for increased funding for civil legal aid. We gathered as part of the 17th Annual Walk to the Hill for Civil Legal Aid. Funding is in crisis in Massachusetts, with nearly two-thirds of eligible low-income residents who seek help being turned away.
With an increase, more people will be able to stay in their homes, find shelter and avoid hardship. Please keep reading this blog on the $27 million budget appropriation sought and visit this page to contact your legislator.
Right to Left: Attorney David W. White, Massachusetts Bar Association President (2007-2008), Attorney Ronald E. Gluck, Attorney Marc L. Breakstone and Attorney Reza Breakstone at the Annual Walk for Civil Legal Aid on January 28, 2016.
The annual event, sponsored by the Equal Justice Coalition, draws lawyers from across the Commonwealth for a day of lobbying for the Massachusetts Legal Assistance Corporation, which provides legal aid for the poor and underserved.
This year, lawyers asked for the state appropriation for civil legal aid services to be increased from $17 million to $27 million in Fiscal Year 2017. Governor Charlie Baker has proposed $17.17 million, a $170,000 increase.
Lawyers from more than 40 private firms attended this year, along with Attorney General Maura Healey and Chief Justice Ralph Gants of the Supreme Judicial Court, who addressed participants:
“In a few minutes you will meet with legislators and members of their staff to ask them to increase the state appropriation for civil legal services from $17 million to $27 million,” Gants said. “Many will ask you: ‘How can we afford an increase of that size during a challenging budget season?’ And you will answer: ‘How can we afford not to?'” Gants’ comments were published by the Massachusetts Bar Association’s Lawyers E-Journal.
Contact Your State Legislator
Search this website to find your legislator.Find Out How to Contact Your State Legislator
Once you have the name of your legislator, look up their address on this website or you can do a general Google search.
Post blog note: Our thanks to the Equal Justice Coalition, who later recognized us with the Nancy King Award for the highest percentage of attorneys participating at a firm – 4 out of 4, or 100 percent!
The coalition also recognized: Wilmer Hale for having the most attorneys participate and Ropes & Gray and Foley Hoag with exceptional support awards. Sally & Fitch was honorably mentioned. Highest participation among law schools went to UMass Law, which had 56 students in attendance. Liberty Mutual was the leading corporate law department, with 24 participants.
Message to Massachusetts Lawmakers: Time for Cell Phone Ban
The Massachusetts State Senate is expected to consider a ban on hand-held mobile electronic devices while driving. Many feel a ban is long overdue and we agree.
“Even New Hampshire has gone hands-free. It’s time for Beacon Hill to act,” wrote the Boston Herald editorial board.
The Senate is expected to consider the ban Thursday. Under the proposed legislation, Massachusetts drivers could still talk on the phone using hands-free technology.
Drivers would receive a $100 fine for the first violation, $250 for the second and $500 for all subsequent violations. Drivers cited three times would receive an auto insurance surcharge.
The bill would change the law in Massachusetts for all drivers over 18. Junior operators are already banned from cell phone use behind the wheel.
According to the National Safety Council, cell phone use is now estimated to be involved in 26 percent of all motor vehicle crashes. At any given moment of the day, 660,000 drivers are using cell phones or manipulating electronic devices while driving, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA also reported one survey found almost half of all drivers will answer an incoming call while driving. One in four drivers is willing to place a call on all, most, or some trips.
Texting While Driving Bans
In 2010, then-Massachusetts Governor Deval Patrick signed a bill into law which banned texting while driving. The state is in good company; today, 46 states and the District of Columbia have banned texting while driving. By contrast, only 14 states have banned hand-held cell phone use, including New Hampshire, Vermont and Connecticut. Maine and Rhode Island have banned texting while driving but hand-held cell phone bans have failed to gain enough support.
Related:
Read the Boston Herald’s recent editorial on a hand-held cell phone ban in Massachusetts.
Summary of the Safe Driving Law, Massachusetts Registry of Motor Vehicles
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Chemical Explosion in North Andover Injures Four; Cause Under Investigation
Four people were injured Thursday in a chemical plant explosion at the Dow Chemical facility in North Andover. The four victims were suffering from burns involving the chemical Trimethylaluminum, a physician at Lawrence Memorial Hospital told WBZ. One of the victims was being treated there. Three others were taken to Boston trauma centers by Medflight helicopter.
In 2013, a worker was killed in an explosion at the same facility.
Chemical explosions like the one in North Andover are tragic and life-changing for victims and families. Breakstone, White & Gluck recently represented the family of an electrician who was tragically killed in 2010 by a propane explosion. Read why the investigation into this case – and many explosion cases – are challenging:
About Breakstone, White & Gluck’s Experience
Attorney Marc Breakstone represented the family of an electrician named William “Billy” Nichols, who was killed in a propane gas explosion while working in a Norfolk condominium in 2010. Nichols, 46, was buried under burning debris for 97 minutes before he was rescued by local firefighters. He had severe burns over 80 percent of his body and was transported by Medflight helicopter to Brigham and Women’s Hospital in Boston, where he later died of his injuries.
Mr. Nichols’ death was the result of negligence on the part of EnergyUSA and Smolinsky Plumbing and Heating. EnergyUSA negligently under-filled a propane gas tank while Smolinsky Plumbing and Heating failed to tighten a furnace connection which led to the leak of the undetectable propane gas which caused the explosion.
Attorney Breakstone obtained a $7.5 million settlement from the companies following an investigation which revealed that EnergyUSA had also sold its assets to a publicly-traded company to avoid paying punitive damages to the victim’s family in a likely jury trial. Attorney Breakstone was able to obtain a court-order to freeze the remaining assets.
Materials from the case:
Norfolk Propane Explosion Victim’s Family Files Lawsuit Against Gas Company and Plumber.
Norfolk Propane Explosion Victim’s Family Files Lawsuit Against Gas Company and Plumber.
Legislation Proposed to Protect Massachusetts Pedestrians and Cyclists
State lawmakers will be asked to consider a truck side guard law to protect pedestrians and cyclists.
MassBike, the state’s leading bicycle advocacy organization, recently offered an update on proposed safety legislation for 2016. The Joint Committee on Transportation will hold a public hearing on the proposed legislation, including the truck side guard law, on Wednesday at the State House.
Truck Side Guard Bill H. 3019/S. 1810
Nearly half of all bicyclists and more than one-quarter of pedestrians killed in large truck crashes first impact the side of a truck, according to the Volpe National Transportation Systems Center. When a truck has high clearance, a cyclist or pedestrian can fall in the space between the front and rear wheels.
The center says sideguards are an effective way to prevent that impact and reduce fatalities and injuries. The United Kingdom has seen results: After implementing its law, cyclist fatalities dropped 61 percent while pedestrian fatalities fell 20 percent. The European Union, Japan, China and Brazil also have truck side guard laws.
In 2014, the City of Boston became the first city in the United States to adopt a truck side guard ordinance, requiring side guards, convex mirrors, cross-over mirrors and blind-spot awareness decals on all city-contracted vehicles over 10,000 pounds. Tractor-trailers have different weight requirements.
The cities of Somerville, Cambridge and Newton were discussing truck ordinances when Boston adopted its measure (and Cambridge did later enter into a partnership to install truck side guards on city-owned vehicles).
But a statewide law would eliminate the need for action by individual cities.
Bike Lane Bill H. 3072/S. 1808
This bill would make parking a vehicle or standing in a bike lane, or other on-road bike facility, a ticketable offense. The fine would be $100.
Vulnerable Users Bill H. 3073/S. 1807
Proposed by MassBike, this bill would require motorists to provide any “vulnerable user” three feet of clearance, even if it means crossing over the center line. Vulnerable road users would include cyclists, pedestrians and others who travel alongside cars. State lawmakers have considered this legislation in the past. According to the League of American Bicyclists, nine other states have vulnerable road user laws and 17 have laws which in some way address vulnerable road users.
About Breakstone, White & Gluck
The Boston personal injury attorneys of Breakstone, White & Gluck have over 100 years combined experience handling bicycle accident and pedestrian accident cases. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Hoverboards and Drones Bring Safety Risks
Despite fires and hard falls, the hoverboard was one of the year’s most popular gifts.
Reports of hoverboard fires began before the holidays. Amazon even told consumers to return some models in mid-December and notified sellers that they must provide documentation showing hoverboards are compliant with safety standards. The Consumer Product Safety Commission (CPSC) opened an investigation on Dec. 16th, after reports of 10 hoverboard-related fires in Washington, California, New York and other states. The fires often happen during charging.
The CPSC has also received dozens of reports of hoverboard-related falls from hospital ERs, including concussions, fractures and internal organ injuries. Christmas Day brought more injuries, revealed as photos and videos were posted to social media.
Congressman Carlos Curbelo of Florida fell when he tried out his daughter’s hoverboard. He tweeted a photo of himself wearing a sling:
“Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas.”
Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas. pic.twitter.com/ADRrYBB81J
— Carlos Curbelo (@CLCurbelo) December 26, 2015
We do not think this product is safe for any age. But we agree with his colleague, Congresswoman Illeana Ros-Lehtinen of Florida, who tweeted back: “Ouch. At least it didn’t catch on fire!”
News Headlines
One headline from the Washington Post: “Thanks for ruining Christmas, hoverboards.” Below is a video from the report.
Our Thoughts
This is a dangerous product and safety concerns need to be addressed. If you received one, consider returning it. If you keep it, follow instructions for charging it. Do not charge it overnight or while you are outside the home. Also, remember most airlines have banned hoverboards due to the fire risk.
If you do ride, always wear a proper helmet and padding while using this product. Ask what the local traffic laws are before use.
Drones
Many people also received drones as holiday gifts. The Federal Aviation Administration (FAA) predicted more than 1 million drones would be gifts on Christmas Day.
On Christmas Day, photos and videos of drones crashing on the ground, into the neighbor’s roof and even into other family members filled social media. Read this Washington Post report, “Wear a Helmet: All those Christmas Drones are Falling Out of the Sky.”
The FAA has set up a website to register drones. Anyone with an aircraft weighing from a half-pound to 55 pounds must register with the FAA. Drone owners who are 13 and older must register on the FAA website. Parents with younger children are expected to register on their behalf.
Drone Owners Must Take Care
There are serious concerns about drones interfering with airplane traffic, but there are also very real concerns about general transportation safety. Drone owners must take care to be sure that they do not interfere with traffic, bicyclists or pedestrians. Be considerate and be aware of local laws and ordinances related to drone use.
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Breakstone, White & Gluck Welcomes Attorney Reza Breakstone
https://www.youtube.com/watch?v=pPY94mFkyQI
From the stage to the courtroom, Attorney Reza Breakstone brings a unique blend of skills and experience to the firm. We are pleased to welcome Reza, who will focus on representing personal injury clients at Breakstone, White & Gluck. He will also counsel small businesses in strategic development, litigation and contract matters.
Reza graduated from the University of Michigan in 2002, where he received several leadership awards. After college, Reza worked for two years as a legislative aide for the junior Senator from Michigan in Washington D.C. He returned to Boston to attend Northeastern University School of Law. After graduation from law school in 2008, Reza worked for four years at a prestigious Boston firm, concentrating in complex business litigation, federal antitrust defense and security litigation. During that period, he received a special assignment as an Assistant District Attorney in Suffolk County District Attorney’s office where he prosecuted criminal cases. Working in the West Roxbury Division of Boston Municipal Court, he tried numerous bench and jury trials to verdicts.
“What I learned in the DA’s office is your value as a lawyer is embedded in your judgment, interpersonal skills and treatment of others,”
Reza says. “Having good relationships is essential. When you are at a large firm, having good relationships is important, but productivity is a much more important measure.”
In addition to his legal pursuits, Reza has a passion for acting and improvisational theater. He has performed in numerous independent films and improvisational theater troupes in New England and Los Angeles.
Reza looks forward to working on behalf of the firm’s injured clients while continuing to assist small businesses and start-ups with development strategies. In both pursuits, he looks forward to furthering his commitment to “the business of helping people.”
“When you are put in a position to represent someone, it really comes down to confidence and trust,” he said. “I have a lot of people who respect me and trust me. I think the latter is as important as anything.
That really helps when people are bringing their lives to you and saying help me out. It’s because they trust you to get the job done.
To learn more about Reza, please visit his attorney bio page.
The 10 Worst Toys of 2015
The annual list is compiled by W.A.T.C.H. This year’s list includes:
Skipit’s Wheely Cute Pull Along
Every child loves a cute puppy, but this toy has hub caps which come off the wheels and pose choking hazards for young children. This product is marketed to children six months and older and is made by Bunnies By The Bay. Certain lots of this product were actually recalled on June 16, 2015. However, W.A.T.C.H. reported a similar toy was purchased online after the recall, so this risk may still be on the market.
Foam Dart Gun
This gun is manufactured by G.D. Jiefeng Toys and is marketed to children ages 3 and up. It is sold on Amazon.com and Ebay. W.A.T.C.H. says, “In today’s world, there is no excuse for outfitting children with realistic toy weapons designed to produce potentially dangerous and unnecessary thrills. Existing regulations addressing the hazards associated with such ‘toys’ are inadequate.”
Stats 38″ Quick Folding Trampoline
Toys R Us manufactures and sells this trampoline, which is marketed to age 6 and older. Trampolines are associated with spinal cord injuries and this one even has a warning stating, “Landing on the head or neck can cause serious injury, paralysis, or death, even when landing in the middle of the bed.”
Splat X Smack Shot
This $10 toy looks fun, but it actually poses the potential for serious eye injuries to the child using the toy and others around him. The toy, which is made by Imperial Toy LLC, comes with ammunition with can fire up to 100 feet away. It is sold at Walmart, Amazon.com and Kmart.
Poo-Dough
This $4.99 toy was included in W.A.T.C.H.’s list because it only has an allergy notice on part of the packaging.
Kick Flipper
This is basically a plastic board marketed as a “skateboard without wheels.” The packaging shows pictures of children using the Kick Flipper as they would a skateboard, but they are not wearing helmets or safety gear.
Leonardo’s Electronic Stealth Sword
This toy can cause facial and other impact injuries. It is manufactured by Playmates international Company Ltd and marketed to children ages 4 and up. It is sold by Toys R Us, Amazon and Ebay.
Kid Connection Doctor Play Set
This $5 play set is sold at Wal-Mart, Amazon.com and Ebay. It is recommended for children ages 2 and up, but includes a small “tongue depressor,” which is 4 ¾ inches in length and could cause a choking hazard.
Pull Along Zebra
This toy poses a strangulation risk. It has a 21-inch cord and is marketed for children 12 to 36 months old. The toy is made by Early Learning Centre and sold at Amazon.com, Kmart, Brookstone and Village Toy Shop. It carries this warning: “Remember babies and young children have no idea what is dangerous or potential harmful, so supervision is important…”
Jurassic Word Velociraptor Claws
This $19.99 toy is marketed to 4-year-olds who want to “claw like a raptor!” The packaging warns there is a choking hazard and small parts will be generated. There are no warnings about potential facial or eye injuries. The claws were manufactured by Hasbro and are sold by Target, Amazon.com, Toys R Us, Walmart and Kohl’s.
Law Firm of Breakstone, White & Gluck Donates Bike Lights for Boston Bikes’ #BeBrilliant Campaign
Breakstone, White & Gluck recently donated bike lights for the Boston Bikes’ #BeBrilliant campaign. Boston Bikes surprised cyclists during their evening commutes and gave them free bike lights, at various giveaways over several days.
A total of 250 light sets were distributed in giveaways in Allston, Dorchester, East Boston, Jamaica Plain, Mattapan, Roslindale and South Boston. Community-based bike shops also distributed lights.
In Massachusetts, cyclists are required to equip their bikes with a white front light and a red rear reflector so they are visible to drivers in the dark.
This is the second year Breakstone, White & Gluck has donated bike lights for the campaign as part of our bike safety outreach. The campaign started after Daylight Savings Time.
Boston Bikes, an office of the City of Boston, worked with a number of city cycling clubs, stores and organizations to distribute the lights, including:
- Bicyclecentro
- Bikes Not Bombs
- Bowdoin Bike
- Commonwheels
- Bicycle Co-Op
- Dot Bike
- JP Bikes
- Mattapan Food and Fitness Coalition Vigorous Youth
- Southie Bikes
More photos of the cyclists: http://tinyurl.com/pd4y89t
About Breakstone, White & Gluck
The Boston law firm of Breakstone, White & Gluck promotes bike safety through our Project KidSafe campaign. Since 2013, we have donated nearly 8,000 bike helmets in Massachusetts. To learn more about our firm and attorneys, visit this page: https://www.bwglaw.com/our-attorneys/.
Halloween Safety: Trick-or-Treat Safety Tips
Many of us are looking forward to the ghosts, goblins and treats of Halloween this weekend. But while a lot of fun, Halloween is also one of the most dangerous days of the year for pedestrians, particularly children. The National Highway Traffic Safety Administration (NHTSA) routinely reports that traffic accidents involving drunk drivers and pedestrians increase on Halloween.
For children, the risk of being hit by a car and killed more than doubles on Halloween, according to Safe Routes Worldwide.
We want you to have fun and to be safe on Halloween. Please read our safety tips before trick-or-treating:
1) Stay Visible to Cars. Buy neon reflective clothing for your child and yourself. This can be a vest, an arm band or reflective tape. Also carry flashlights, one per person.
2) Costume Check. Make sure your child can safely walk without tripping in their costume and see through any masks.
3) Stay With Your Child. Go trick-or-treating with your child and really pay attention as they walk from house to house. Tag along if they go with friends.
4) Remind Your Child To Stay Off The Street. You probably already tell your child this daily, but really impress this upon them again for Halloween and reward them for doing it.
5) Plan Your Halloween. Many trick-or-treaters travel between 4 p.m. and 9 p.m. This year, Halloween falls on a Saturday night, so activity may extend later and there may be more gatherings. Find out what will be happening in your community through social media or ask your local town office or neighbors. You want to know what to expect, whether you are trick-or-treating or going out to a party or weekend job.
6) Remember the Cyclists. Watch out for cyclists as you drive or take your children trick-or-treating. Pedestrians should stay on the sidewalk, even if it gets crowded, and save the side of the road for the cyclists.
7) Familiarize Yourself with the Halloween Route. If you are trick-or-treating in another neighborhood, take a drive through at night with your child beforehand, even if you are familiar with the area. Take note of where the roads are well-lit, the location of crosswalks, and how long the roads stretch.
8) Look for Crosswalks. Always cross the street at crosswalks, when available.
Reminder for Drivers. Try to get home early if you can, before the trick-or-treaters arrive or stay out until after they finish. Commit to travel slowly, put your cell phone away and do not drive under the influence of alcohol. If you plan to drink, find a designated driver or bring cab fare.
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Breakstone, White & Gluck Attorneys Named to Top 100 Massachusetts Super Lawyers List
Our partners, Marc L. Breakstone, David W. White and Ronald E. Gluck, have been selected to various 2015 Massachusetts Super Lawyers lists, for their work in the practice areas of personal injury and medical malpractice.
We are pleased to announce this honor. This is the 12th year in a row our attorneys have been selected to various Super Lawyers lists, a recognition of excellence. Super Lawyers, part of the Thomson Reuters company, makes annual selections using a multi-phase process of peer nominations, independent research and attorney evaluations. It only recognizes 5 percent of attorneys in each state.
The Massachusetts Super Lawyers lists are published online and in the November issue of Boston Magazine. You can also read more about our attorneys here:
Marc L. Breakstone
Attorney Breakstone was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Medical Malpractice Attorney.
Attorney Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. He has been selected to the Massachusetts Super Lawyers list for medical malpractice 12 years in a row, to the Top 100 Massachusetts Super Lawyers list nine times and to the Top 100 New England Super Lawyers list four times.
A graduate of Northeastern University School of Law, Attorney Breakstone has been practicing in Boston since 1986. He has represented clients who have been seriously injured by negligence, including in cases of wrongful death, medical malpractice, bus and truck accidents and propane gas explosions. Read his bio.
Attorney David W. White
Attorney White was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Personal Injury – Plaintiff Attorney.
Attorney White is a Northeastern University School of Law graduate and has 30 years of experience representing victims of personal injury and insurance bad faith cases in Massachusetts. He is a past president of the Massachusetts Bar Association.
Attorney White has been named to the Massachusetts Super Lawyers list 12 years in a row. He has been included in the Top 100 Massachusetts Super Lawyers list seven times. He has also been named to the Top 100 New England Super Lawyers list three times.
White represents clients who have been seriously injured by car accidents, bicycle accidents, dog bites, product liability, construction accidents and other personal injury claims. Read his bio.
Attorney Ronald E. Gluck
Attorney Gluck was named to these 2015 lists: Massachusetts Super Lawyers, Top Rated Personal Injury Attorney – Plaintiff Attorney and New England Super Lawyers, Personal Injury Attorney – Plaintiff Attorney.
Attorney Gluck has consistently been named to the Massachusetts Super Lawyers list each year since 2005. He is a graduate of Boston College and Case Western Reserve University School of Law. Over his career, he has represented clients who have been seriously injured in complex cases involving wrongful death, car and trucking accidents, bicycle accidents, motorcycle accidents, liquor liability and product liability.
After 9-11, he represented victims of the World Trade Center attacks. He has also served as an expert witness on behalf of the United States Justice Department. Read his bio.