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We are frequent contributors to
continuing legal education programs and legal journals on evidence, medical
malpractice, personal injury, and law office management. Some of our
articles relating to personal injury law are reprinted here. We hope you find them useful.
Changes in
Massachusetts Bicycle Laws Give Cyclists More Rights and Require Safer Driving.
By David W. White (2009). This article summarizes the legislative changes in
2008, which place greater requirements on driver of cars and truck to prevent
accidents with bicycles.
First Circuit Court of Appeals Allows c. 93A Case to Proceed Against Insurance
Company; Previous State Suit Did Not Bar Claim, by David W. White (2009).
This article summarizes the case of Andrew Robinson International, Inc. v.
Hartford Fire Insurance Company, 547 F3d 48 (1st Cir. 2008), which
determined res judicata did not bar a second suit by the plaintiffs against the
insurer.
Tort and Insurance
Law Update -- 2005, by David W. White and Heather Engman (2006). This
article summarizes all of the important personal injury and medical malpractice
cases from the state courts for the year 2005.
Handling Anesthesia Malpractice Cases, by David W. White (2005). This
article discusses many of the general principles of the handling of medical
malpractice cases arising from anesthesia malpractice.
Tort and Insurance
Law Update--2004, by David W. White. This article summarizes all of the
important personal injury and medical malpractice cases from the state courts
for the year 2004.
Recent Developments in Medical
Malpractice Law and G.L. c.
93A Law, 2003-2004, by David W. White (2004). In the Supreme Judicial
Court case of Darviris v. Petros, 442 Mass. 274 (2004),
limitations on consumer protection claims under G.L. c. 93A in medical
malpractice cases were limited by the court. However, c. 93A claims may still be
available in certain medical malpractice cases.
Appeals
Court Raises Troubling Questions in Recent G.L. c. 93A Case, By David W. White.
December 2001 (updated). This article reviews the holding in the case
of Bolden v. O'Connor Café of Worcester, Inc., 50 Mass. App. Ct. 56
(2000), which raises questions about assignments of judgment in G.L. c. 93A
cases.
Chapter 93A Damages in
Arbitration Cases Clarified by Recent Appeals Court Case.
By David W. White. December 1999. This article
reviews the holding of the case Metropolitan Property and Casualty Insurance
Company v. Choukas, 47
Mass. App. Ct. 196 (1999), which provides a mechanism for multiple damages
of arbitration awards under G.L. c. 93A.
Pierce and Dominguez: Legislative Interpretation
and Judicial Inconsistency at Work. By David White.
April 1999. This article discusses two recent cases concerning health
insurance liens and the Personal Injury Protection statute.
Life
After Lazaris and Furtado. By David White. January
1999. This article discusses two recent G.L. c. 93A and c. 176D cases,
which reverse the rule in Thaler, which had required insurance
companies to settle personal injury claims for policy limits without a
release when liability was not disputed and the damages exceeded the policy
limits.
Bad Faith
Litigation in Massachusetts: The Plaintiff's Perspective. By David
W. White. October 1998. This article provides a detailed overview
of G.L. c. 93A and c. 176D, the Consumer Protection Act and the laws
concerning bad faith settlement practices by insurance companies.
Articles by David White (formerly David White-Lief).
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