Getting away with murder?

Admit it — you get a little teary-eyed every time Detective Lilly Rush from “Cold Case” wraps an episode of the CBS drama by closing that old file box and bidding farewell to the case’s victim. Thanks to advances in DNA technology and to pop culture, the public has warmed to the idea of cold cases. But many people are still under the misimpression that a cold case is one that has been closed and will be reopened only if new evidence surfaces. Not so, say investigators. “Almost... More

What to make of that stack of nursing-home documents …

On Oct. 10, 2003, Charles Miller Jr. admitted his 91-year-old father to the Birchwood Care Center in Fitchburg. At the time, Miller signed a number of admission papers on his father’s behalf, including an “arbitration agreement” stating that any disputes with the nursing home would be resolved before an independent arbitrator, rather than in court. Miller’s father died less than a month later, and Miller subsequently sued Birchwood, three of its employees and the physician... More

How do I know if I am due overtime pay?

Do you receive all the pay you’ve earned? Unpaid overtime and “short commission” checks are two of the biggest payday scams employees suffer. Some have no idea whether they’re entitled to more pay, and others don’t how much they should receive. Even those who know their rights sometimes don’t push the issue fearing job security, or they are confused by the recovery process. • Overtime pay As a general rule, most employees are entitled to overtime pay for every... More

The law of contracts

Q. Does every agreement need to be in writing? A. Most agreements are valid and legally binding even without a written document. However, it is always a good idea to put the terms of an agreement in writing and have all parties sign it. Without written proof showing the existence and terms of the agreement, it may be difficult or even impossible to enforce its terms. There are some agreements — real estate contracts, marriage contracts and contracts that cannot be completed within one year,... More

The law of auto accidents

 Q. Is it true that if you are rear-ended, the other driver is always at fault? A. No. Every car accident case depends on specific facts and circumstances when it comes to determining fault. As a general rule, a car that rear-ends another vehicle is considered liable. But, sometimes a driver suddenly and without reason stops, and the driver behind him has no way of avoiding the accident. In that scenario, the driver who suddenly stopped can be held liable for the collision.   Q. I’m... More

A grilled cheese with a side of road kill, please

Viewers of the “The Office” are all too familiar with the expression, “That’s what she said.” Well, now there’s a blog by that name, where attorney Julie Elgar examines “how many zeros a company would have to add to a settlement check if the antics of the folks at Dunder Mifflin appeared in a real lawsuit.” “Trial by fire” might just be a cliché now, but back in the day it was a method by which an accused criminal could be ruled innocent... More

A film worth making time for

scott.katz@exhibitAnews.com The 1996 film “A Time to Kill” is based on John Grisham’s debut novel of the same name — and the one he has said is his favorite. A then-unknown Matthew McConaughey stars as defense attorney Jake Brigance in a role that was supposed to rocket him to superstardom. Watching the film today, it is hard to fathom how McConaughey failed to capitalize on the opportunity, as he has terrific screen presence and natural chemistry with every actor with whom... More

Sorting out the laundry in the ‘fancy pants’ lawsuit

For years, people have worried that lawsuits are choking our society. The latest example of a frivolous suit involves an administrative law judge in Washington, D.C., who sued his dry cleaners for millions over a missing pair of pants. Reports of “wacky” lawsuits make good stories. Some such reports run in this very newspaper. Who isn’t interested in hearing about a case over whether guacamole dip was “avocadoey” enough? But while bizarre lawsuits do get filed, they... More

Mandatory-minimum sentences are endangering public safety

Any suggestion to reconsider mandatory-minimum sentencing laws has long been considered the third rail of politics for public officials who fear being labeled as coddlers of lawbreakers. Ironically, mandatory sentencing, which was supposed to be tough on crime, has endangered the public by increasing the re-arrest rate and draining resources from crime prevention initiatives that can be more effective. Gov. Deval L. Patrick’s review of mandatory-minimum sentencing laws is, indeed, an act of... More

'Move over, John Grisham': Exhibit A in print and video

Read reports and view video on the launch of Exhibit A. The Boston Globe: "Move over, John Grisham" Fox 25 News on Exhibit A's list of Notorious Criminals The Patriot Ledger: "Magazine minus legalese a big hit"  The Boston Herald: "'Intriguing' premise" The Boston Business Journal: "About the law - aimed at the general public" New England Cable News: "The first edition is causing quite a buzz"  Read More →

« Previous Page