The Gambling Issue

As the pros and cons of allowing casinos in Massachusetts continue to be debated, lots of unchecked gambling activity goes on in living rooms and pool halls across the state every day, some above board, some less so. So, just what is legal — or illegal — when it comes to small-time gambling? Exhibit A asks everyone from state lottery commissioners to card sharks to try to determine when you can hedge your bets on gaming law.  Scratch tickets The old adage “finders keepers,... More

If I find money, do I need to report it to the IRS?

People often ask if they must pay taxes on various types of income from the sale of a vacation home or from a garage sale or other revenue-producing transaction. But what about money that is found by chance? Consider the following true story: A family known as the Cesarinis bought a piano at auction for $15. It needed refinishing and was out of tune, so they hired a man to help them restore it. While taking it apart, they found $4,467 stashed inside. At tax time, on the advice of their accountant,... More

Choosing a caretaker for the golden years

What is an “attorney-in-fact”? It’s the person you select to act for you in case you become incapacitated in later years. Under the “power of attorney,” that person will be your legal agent, able to manage your money, real property and other matters such as life insurance and retirement accounts. Essentially, that lawyer will be able to perform any act related to your property that you could have performed. Often people will select their spouse as their primary attorney... More

The law of ebay TM

Q. If someone leaves me negative “feedback” that is completely false and unwarranted, can I sue them for defamation? A. It depends on the nature of the feedback. To prove defamation, you must show that a false statement of fact that tends to harm your reputation was made to another person. A statement of opinion cannot be defamatory. So if a person expresses an opinion about the smoothness of the eBay transaction, promptness of payment, quality of goods, etc., it is not defamatory. But... More

The law of personal injury

Click here to visit Crowe & Mulvey, LLP's website. Q. My friend and I stopped at a coffee shop late one night to use the bathroom. While we were joking around, I slipped on the floor and fractured my ankle. The floor apparently had been mopped recently, which I hadn’t noticed. What are my chances of getting the coffee shop to pay for my injuries and medical bills? A. Not good! Even if the coffee shop was negligent in maintaining the floor (left it very wet and slippery or failed to... More

Think twice before tying giraffes to telephone poles in Atlanta

Trespassing can be very rewarding in a court of law. If you use your neighbor’s land continuously in an “open and hostile” manner for 20 years, the property becomes yours under a doctrine called “adverse possession.” The first sound recording ever adjudged obscene was 2 Live Crew’s “As Nasty as They Wanna Be.” Not surprisingly, the trial’s publicity resulted in the previously obscure album going double platinum. The insanity defense was first... More

Story of ‘Philadelphia’ lawyer with AIDS powerful, poignant

Earlier this year, Exhibit A conducted an informal survey of lawyers to determine their all-time favorite law-themed films. Among the Top 15 was “Philadelphia,” reviewed here. Subsequent issues of Exhibit A will include reviews of other films on the list. * * * I admit it; I did not want to like “Philadelphia” — not the first time I saw it when it was released in 1993 or when I watched it for the second time while preparing this column. As a rule, I do not enjoy preachy... More

How about some real penalties for corporate wrongdoing?

So, how does one explain what happened with the criminal charges against the corporations that caused the Big Dig tunnel tragedy? A special investigation into the collapse of the Interstate 90 connector tunnel produced three corporations that Attorney General Martha Coakley deemed potentially criminally liable for the death of Milena Del Valle, the woman who was killed in July 2006 after part of the ceiling came crashing down on the car in which she was traveling. Each company — Bechtel Co.,... More

Disappointing day in life of would-be juror

When I first learned Boston University School of Law students were getting called to jury duty last spring, I thought it was a good thing because it would help us see the other side of the process. And then the notice arrived, telling me I had to put my life on hold for at least a day, maybe more; travel to Jamaica Plain (switching bus lines!); and serve as a juror. All of a sudden I understood why people always discussed jury service with such dread in their voices. I had things to do! My time was... More

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