Articles Tagged with “Boston lawyers”

Attorney David W. White of Breakstone, White & Gluck in BostonThe Massachusetts Bar Association (MBA) has announced it will honor Attorney David W. White with the MBA President’s Award at its May 4th Annual Dinner. The President’s Award is bestowed upon those individuals who have made a significant contribution to the work of the MBA, to the preservation of MBA values, to the success of MBA initiatives and to the promotion of the MBA’s leadership role within the legal community of Massachusetts.

Attorney White is a past president of the MBA from 2007-2008. While serving as MBA president from 2007-08, White formed the Drug Policy Task Force, which made numerous recommendations for criminal sentencing reform and drug treatment in Massachusetts. He also led the Lawyers’ Eco-Challenge, encouraging law firms to fight global warming by changing their office energy use and recycling practices. He has been involved in several MBA section councils, educational programs and annual conferences.

Read the full announcement with comments from MBA President Jeffrey N. Catalano on the MBA website: http://tinyurl.com/lkttt2d.

 

 

 

 

Driving on U.S. roads became more dangerous in 2016. Preliminary data from the National Safety Council shows more than 40,000 people died in motor vehicle crashes last year, a 6 percent increase from 2015.

  • This was the first year more than 40,000 people have died in traffic accidents since 2007.
  • According to The New York Times, 2015 and 2016 saw a 14 percent increase in traffic deaths, the largest two-year increase in more than half a century.

We had a great day in Westborough last weekend: Two fun community events, great weather and we handed out 160 free bicycle helmets to children. For this, we partnered up with the Westborough Bicycle and Pedestrian Advisory Committee and the Boroughs Family Branch of the YMCA of Central Massachusetts.

Breakstone, White & Gluck donated the bicycle helmets as part of our Project KidSafe outreach. Attorney David W. White helped distribute the free helmets at Westborough’s Spring Festival, an event featuring just about everything which is hosted by the Rotary Club of Westborough. In addition to bicycle helmets, there was an amateur dog show, children’s carnival, road race, food vendors and the list goes on.

Attorney White and Bruce Tretter, chairman of the Westborough Bicycle and Pedestrian Advisory Committee, then went to hand out helmets at the Boroughs Family Branch of the YMCA of Central, which is nearby in Westborough.

“We had a lot of fun, though at times it was a little hectic because so many people were anxious to get helmets for their kids,” attorney David White said. He added, “Wearing a bicycle helmet is the most important step you can take to protect yourself as a cyclist and I hope the children and families left with new helmets and a new commitment to wear them every time they ride.”

Breakstone, White & Gluck donated these bike helmets through our Project KidSafe initiative. We have donated over 3,500 helmets to children in Massachusetts since 2013. By year’s end, we expect to have donated 6,000 helmets. Read more about our Project KidSafe outreach or our bicycle safety tips.

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Photo: Attorney David W. White of Breakstone, White & Gluck helping a child at the Boroughs Family Branch of the YMCA of Central Massachusetts in Westborough.

20150502-IMG_1751[1]-Edit.jpgPhoto: From left in back: Bruce Tretter, Chairman of the Westborough Bicycle and Pedestrian Advisory Committee; Betsy Moquin, Director of Marketing & Advancement of the Boroughs Family Branch of the YMCA of Central Massachusetts; and Attorney David W. White of Breakstone, White & Gluck.

20150502-IMG_1747[1].jpgPhoto: Bruce Tretter, Chairman of the Westborough Bicycle and Pedestrian Advisory Committee, helps a child find a helmet.

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20150112_honda.jpgLast week we learned the National Highway Traffic Safety Administration (NHTSA) issued Honda Motor Co. two safety fines totaling $70 million. The fines were announced last week but had been issued before the New Year. These are the largest penalties the NHTSA could impose. With them, automakers finish the year paying $126 million in civil penalties, the most ever for one year. The amount also exceeds the total amount collected in all 43 years of the NHTSA’s operation.

Honda’s Fines

  • Honda was fined $35 million for failure to report submit early warning reports (EWR reports) identifying potential or actually safety issues. The company failed to report 1,729 death and injury claims between 2003 and 2014.
  • Honda was fined a second $35 million for failure to report certain warranty claims and claims related to its customer satisfaction campaigns, in which a manufacturer quietly agrees to fix defects on cars even beyond the normal warranty period.

Honda was ordered to submit injury reports as part of the NHTSA’s investigation on defective Takata airbags last year. Some of the drivers who died as a result of the Takata airbag defects were driving Honda vehicles. The airbag defects are linked to at least five deaths and dozens of injuries in the U.S. Automakers have recalled nearly 14 million cars with these airbags worldwide. Takata, a Japanese company, has limited its recalls to Florida, Hawaii and other warm weather states, despite pressure from the NHTSA to expand the recall nationwide.

Other Companies Which Were Fined
Among the companies the NHTSA fined last year: Gwinnett Place Nissan, Ferrari S.p.A. and Ferrari North America, Chapman Chevrolet LLC, Hyundai Motor America, General Motors Company and Prevost and Southern Honda Powersports.

Then of course there was General Motors, which was fined $35 million for how it handled a recall of more than 2 million vehicles with ignition switch problems. It also paid a separate $441,000 fine for failure to fully respond to a special order by a specified due date.

Toyota is not on the list of companies which paid civil penalties in 2014. But it paid the U.S. government a $1.2 billion criminal fine for it actions during a safety investigation.

Proposed Safety Changes for 2015
In the New Year, the U.S. Department of Transportation and NHTSA are proposing to increase the maximum fine for auto safety violations from $35 million to $300 million. The agencies also want the NHTSA to have additional authority to compel companies to recall unsafe products.

Related:
U.S. Department of Transportation Fines Honda $70 Million for Failing to Comply with Laws That Safeguard the Public, National Highway Traffic Safety Administration.
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Before you shop, please check out the Worst Toys of 2014 list by W.A.T.C.H. Since last year, there have been at least 17 toy recalls in the U.S. and Canada, accounting for 5 million defective toys, reports the watchdog group which releases its list annually.

Shop carefully, even at familiar and trusted stores. Of course you should avoid the toys listed below. But make your own judgments on the safety of the toys you are considering. The main things to beware of are:

  • Marbles and small pieces
  • Sharp edges
  • Small magnets
  • Flimsy toy accessories or pieces which are loosely attached
  • Toys with strings (such as musical instruments and necklaces)
  • Toys which shoot sharp projectiles

Also, remember to buy toys which are age-appropriate, read the warnings on the toy box and watch out for toy packaging materials. Toys and many products come with an almost-invisible plastic lining on mirrors, digital screens and other pieces. Many also come with a lot of plastic wrap. These are all choking hazards and you should remove them before giving toys to children.

Here are the W.A.T.C.H. nominees for the “10 Worst Toys” of 2014.

1) Air Storm Firetek Bow
This toy is designed for children 8 years and older, but it shoots arrows up to 145 feet high in the air and can cause eye injuries. It has glow pieces and is marketed for day or night use, thought it warns against use in the “complete dark.” Finally, the packaging carries several other warnings, more than most people want when buying a toy. It sells for under $25 at Walmart and Amazon.com.

2) Radio Flyer Ziggle
Toy2.jpgThe seat on this bike is too low, just 8 inches off the ground, W.A.T.C.H. said. The bike’s packaging also features young children who are not wearing bike helmets, which puts them at risk for head injuries. The $39.99 bike is sold at Target, Toys R Us and Amazon.com and is recommended for children ages 3 to 8 years old.

3) Catapencil
This pencil is also a catapult. The packaging encourages children to enjoy target practice from their desktops and reads, “Because the pencil is mightier than the sword.” There are no safety warnings or age recommendations. This $3.99 toy is sold at Amazon.com, Ebay.com and Learning Express.

4) Alphabet Zoo Rock and Stack Pull Toy
This toy has a 20-inch cord, which is eight inches longer than industry safety standards. It creates a strangulation risk for young children and the manufacturer even warns parents about this risk on the packaging. This toy is sold for $19.99 at Amazon.com, Toys R Us and Magic Beans stores.

5) SWAT Electric Machine Gun
Junxing Toys Industrial Co. warns buyers on the packaging that its toy gun may be mistaken for an actual firearm by law enforcement officers and others. W.A.T.C.H. rightfully says there is “no excuse for outfitting children with realistic toy weapons designed to produce potentially dangerous and unnecessary thrills.” The recent killing of a 12-year old, who was carrying a toy gun mistaken in for a real gun, in Cleveland is a serious reminder of this risk.

6) Wooden Instruments
This toy is designed for children 12 months and older, but includes a 4 ½ inch long drumstick which children can mouth and get lodged in their airway. Additionally, there are no warnings on the toy, which is sold at Walmart.

7) Bottle Rocket Party
This toy makes use of projectiles which can strike and injure a child. There are safety goggles advertised on the packaging, but they are not packed in the box. This toy by Norman & Globus is recommended for children age 8 and older and is sold for $14.99 at Walmart.com, Amazon.com and the Village Toy Shop.

8) Lil’ Cutesies – Best Friends
Toy8.jpgWhile advertised as the “perfect friend for your little one,” this toy is dangerous, according to the W.A.T.C.H. report. The decorative bow can detach from the doll’s head and pose a choking hazard. The toy is designed for children age 2 and older. It is sold for $7.99 or less at Kmart, Toysrus.com and Amazon.com.

9) True Legends Orcs Battle Hammer
This hammer is marketed to children as young as 3 years old, yet it comes with a hammer which stretches nearly 2 feet. Do not look for safety warnings and instructions–there are none! It is distributed by Toys R Us and sold at stores for under $15.

10) Colored Hedgehog
The hedgehog’s hair can be easily pulled out, posing a risk for ingestion and aspiration injuries, W.A.T.C.H. says. This infant toy is sold for $10.99 at Toys R Us.

Read the full Worst Toys of 2014 list. Photo credit on this blog: W.A.T.C.H. and the Worst Toys of 2014 report.
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More than two million bean bag chairs have been recalled after heartbreaking accidents in which children suffocated and died.

The Consumer Product Safety Commission (CPSC) announced last week that Ace Bayou Corp. of New Orleans, Louisiana has voluntary recalled 2.2 million bean bag chairs, including both traditional and L-shaped bean bag chairs.

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The bean bag chairs have zippers which can easily be opened, a violation of the CPSC’s voluntary standard. Children can crawl inside, become entrapped and suffocate from lack of air or choke on the chair’s foam beads.

Prompting the recall were the deaths of a 12-year-old boy from Texas and a 3-year-old girl from Kentucky. The children were found inside bean bag chairs after suffocating. The boy’s mother told the media that the bean bag chair had been in her son’s room for years and she never thought he would climb inside.

The CPSC instructs consumers to check for these bean bag chairs in their homes. For the full list of recalled models, see the end of this blog.

The chairs have two zippers. Consumers can contact Ace Bayou for a free repair kit to permanently disable the zippers. Consumers should take chairs which can be unzipped away from children.

The defective products were sold at Bon-Ton, Meijer, Pamida, School Speciality, Wayfair and Walmart and online at Amazon.com, Meijer.com and Walmart.com. They were sold prior to July 2013 for $30-$100.

Another option is to simply remove these products from your home altogether. Call Ace Bayou and ask them how to safely dispose the product. (Remember, you should never give someone a recalled product or resell it to anyone. Reselling a recalled product is against federal law.)

Bean bag chairs have a history of injuring children. In the 1990s, the CPSC received reports that 5 children died from suffocation inside bean bag chairs and 27 were injured but recovered. It then launched an industry investigation and recalled 12 million bean bag chairs. More than a dozen manufacturers were involved in that recall effort.

More Recall Information

CPSC Recall Notice

Ace Bayou Recall Page
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bike-lane-200.jpgBay State Bike Week starts Monday, May 14 and runs through Sunday, May 20. The annual celebration features several days of activities and educational programs throughout Massachusetts.

MassCommute Bicycle Challenge
Each year, one of the most anticipated events is the MassCommute Bicycle Challenge. For this one week, employees, students and others participate in teams to see who can pedal the most miles in the name of reducing traffic congestion, helping the environment and making time for fitness. Click the above link for information on how to participate.

Massachusetts Bike/Walk Summit on May 17
One event to watch this year is the Massachusetts Bike/Walk Summit on Thursday, May 17 at the State House. The event is co-sponsored by MassBike and WalkBoston, which seek to pass the Vulnerable Road Users Bill. If passed, the bill would increase fines for motorists who kill or injure vulnerable users. The term “Vulnerable Road Users” would include pedestrians, a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates or non-motorized scooter.

The bill was filed in January 2011 and is now in the Joint Committee on Transportation. MassBike has until June 1 to persuade legislators to advance the bill. The bill is supported by WalkBoston, Massachusetts Public Health Association, Conservation Law Foundation, Boston Cyclists Union, and Transportation for Massachusetts. Click the above link for information on how to participate.

Other Events
Bay State Bike Week will feature events and activities for all ages throughout the state, from Boston to Worcester to western Massachusetts. Most events are open to the public for free and are a great opportunity to learn more about cycling and the growing opportunities in Massachusetts. Click the above link for the full calendar.
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top-rated-150.jpgBreakstone, White & Gluck announces its lawyers have been recognized in the 2012 edition of Boston’s Top Rated Lawyers. The list was created by LexisNexis Martindale-Hubbell, which tapped its database of Martindale-Hubbell Peer Review Ratings to identify lawyers who have been given its highest rating of AV Preeminent. This rating is based on the confidential opinions of lawyers and members of the judiciary who have been invited to participate.

Attorney Marc L. Breakstone has been named to the General Practice list of top Boston lawyers. Attorney Breakstone has been recognized numerous times throughout his legal career. He has been named to the list of Top 100 New England Super Lawyers twice and to the list of Top 100 Massachusetts Super Lawyers five times. Attorney Breakstone has been named to the Massachusetts Super Lawyer list seven years in a row. He is a graduate of Northeastern University School of Law and specializes in personal injury, construction accident and medical malpractice cases. Click here to read his bio.

Attorney David W. White has been named to the Personal Injury list of top Boston lawyers. Attorney White has received numerous honors throughout his career. He has been named to the list of Massachusetts Super Lawyers eight times. He was twice selected to the list of Top 100 New England Super Lawyers and four times to the list of Top 100 Massachusetts Super Lawyers. Attorney White is a past president of the Massachusetts Bar Association and recipient of the Massachusetts Association of Criminal Defense Lawyers’ President’s Award in 2008. A graduate of Northeastern University School of Law, attorney White specializes in personal injury, medical malpractice and bike accident cases. Click here to read his bio.

Attorney Ronald E. Gluck has been named to the Civil Litigation list of top Boston lawyers. Attorney Gluck has been recognized numerous times during his professional career. He has been named to the list of Massachusetts Super Lawyers seven consecutive years. He has also been chosen for the list of New England Super Lawyers five times. Attorney Gluck specializes in catastrophic personal injury cases stemming from car accidents, construction accidents, public transportation disasters and medical device and pharmaceutical product liability. He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.

Click here to view this year’s list of Boston’s Top Rated Lawyers.
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bicycle_web.jpgAnyone who has recently purchased a $100 bike at Walmart wants to pay attention to a bicycle recall issued this week.

Bridgeway International of Naples, Florida has recalled 91,000 “NEXT”-branded men’s 26-inch hybrid bicycles. The products have a defective bicycle chain that can break and cause the bicyclist to lose control and fall in a bicycle accident.

The importer is aware of 11 reported incidents, including nine involving lacerations and other personal injuries.

The bicycles are red and orange and are marked “Power X” and “Suspension.” They were sold at Walmart from February 2011 through July 2011 for about $100. The model numbers are LBH2611M and LBH2611M2. The bicycles were manufactured in China.

Consumers are advised to stop using the recalled bicycles. They can contact the company for a free repair at 877-934-3228 or visit www.powerxbike.com for more information.

Defective Specialized Bicycle Recall. Separately, 14,200 bicycles with a defective brake component were recalled this week by Specialized Bicycle Components, Inc., a Morgan Hill, California distributor.

The bicycles have Advanced Group carbon forks and were manufactured by Advance Group, of Taiwan. The brake component housed within the bicycle’s carbon fork can disengage from the fork, allowing the brakes to contact the wheel spokes while rotating, posing a risk for falls and bicycle accidents.

There have been two reports of brake components disengaging from the carbon fork. No injuries have been reported.

The bikes were sold at authorized specialized retailers nationwide from June 2010 through August 2011 for $700 to $2,000. Consumers should stop riding these bicycles and return them to an authorized specialized retailer for a free repair or replacement. More information is available at 877-808-8154 or www.specialized.com.
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