Preemption of State Law Intentional Tort Actions Under the Airline Deregulation Act of 1978

After years of tight government control over the airline industry, Congress chose to pursue a policy of economic deregulation, enacting the Airline Deregulation Act of 1978 (ADA). Areas formerly controlled by the federal government, such as the awarding of routes, the entry of new air carriers, and the setting of fares, were left to the [...] Continue Reading

Boaters Who Ignore Common Sense Drown in Their Own Foolishness

By Terry Cochran Reducing boating accidents and fatalities does not require rocket science but a little more common sense by operators and passengers. For instance, we know that more than two-thirds of all fatal boating accident victims drowned and, of those, 90 percent were not wearing a life jacket. Common sense conclusion – wear a life [...] Continue Reading

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Statute of limitations in Florida on Fraud?What Is The Statute of limitations in Florida with criminals that commited fraud on others? If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified Florida lawyer. Fraud: [...] Continue Reading

Assisted Living Litigation: Considerations in Pursuing Relief for Those Neglected and Abused

Assisted living facilities are rapidly becoming the nursing homes of the future. According to the National Center for Assisted Living, there are over 36,000 licensed assisted living facilities nationwide with an estimated 1 million residents.[1] However, because there is no common definition for assisted living facilities, this number may not adequately reflect the prevalence of [...] Continue Reading

Can It Be? Privity Of Contract Is Back!

Dust off those old law school books and turn of the century cases: privity of contract is making a comeback in Michigan! Privity of contract, historically was a bar to certain tort law suits, such as product liability and professional liability cases filed by injured persons against other parties with whom they had no direct contractual [...] Continue Reading

Why You Need a Bicycle Lawyer for a Bicycle Accident

You need a bicycle accident attorney to understand your rights. If you are unfortunate to be in a bicycle accident, you need a bicycle lawyer to guide you through the particular legal issues regarding bicycle law. Bicycle lawyers such as Nadrich and Cohen are experts in bicycle law. We advocate for our cyclists rights throughout [...] Continue Reading

Fundamentals Of Design Professional Malpractice

In today’s litigious society, no profession can escape the cost and aggravation of legal claims and suits. Design Professionals, architects and engineers, are no exception. One important and distinct type of claim or suit is the professional liability or malpractice claim. A variety of other types of claims and suits may be made against the design [...] Continue Reading

Liability is Unclear in Bus Accidents

Buses are generally thought to be a safe method of travel; after all, they are significantly larger than other vehicles on the road and many buses do not even come equipped with seat belts. A study by the National Bus Safety Council between the years 1987 and 1996 found 4.3 bus rider fatalities per year [...] Continue Reading

Marc Breakstone discusses problems with spine surgery in Boston

Marc Breakstone discusses problems with spine surgery in Boston. In a study of hospital errors during surgery conducted by the Boston Globe, the spine was identified as the area most likely to be involved. The report found that there had been 11 surgeries conducted at the wrong level of the spine since 2006. The [...] Continue Reading

Suffolk County Jury Awards Breakstone, White & Gluck Client $5.4 Million

Suffolk County Jury Awards Breakstone, White & Gluck Client $5.4 Million. On December 1, 2008, a Suffolk County Jury awarded Rita Traybman a $3.98 million verdict, which will result in a judgment of $5.4 million. The case was tried by MBTA accident attorney Marc Breakstone in Suffolk Superior Court in Boston. The plaintiff suffered a [...] Continue Reading

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