Why did the judge … drop the gun-toting suspect’s weapon charge?

In this feature, Exhibit A looks at a case recently heard in a Massachusetts court and examines the legal reasons behind the judge’s ruling. While the analysis is based on an actual criminal prosecution, some of the facts have been modified for the purposes of simplicity.   david.frank@exhibitAnews.com It was early in the evening last June when a Brockton police officer was approached by a middle-aged businessman who reported he had just seen a light-skinned Cape Verdean male pull a handgun... More

The world is closing in on him

david.frank@exhibitAnews.com Six years after being named one of People magazine’s most eligible bachelors — alongside the likes of Tiger Woods, Ben Affleck and Matt Damon — Gary Zerola’s world is “closing in on him.” Those were the words of a Suffolk Superior Court judge on Oct. 22 after a third rape allegation was made against the well-known and talented trial attorney, whom one colleague described as having “an uncanny ability to connect with juries.” Regardless... More

Do you support laws like the one recently passed in Brookline that ban restaurants from serving food that contains trans fats?

“Yes. There are other ways to make food palatable.” — John Bach, Somerville “Yes. They aren’t good for your health — at least that’s what they say.” — Albert Feliz, Boston “Absolutely. Trans fats are very damaging. They have been partially responsible for the rate of obesity in this country. They’re very destructive, and there’s no need for them.” — Michelle Matlock, New York “It would be helpful to know the... More

Advance knowledge on pre-marital agreements

Pre-nuptial agreements, or “pre-nups,” come into play most frequently in three (sometimes overlapping) situations: •  one person has substantially more wealth than the other and wants to protect all or a portion of those assets in the event of divorce; •  both people have been married previously, have children and want to preserve their separate estates in the event of divorce or death; or •  one person has been through a bitter and expensive divorce and... More

Crime victims can seek financial recovery for their ordeal

Changing the locks. Replacing eyeglasses. Medical bills. Lost wages. The expenses incurred by crime victims can be staggering. Add to that the devastating impact of crime on a victim’s mental health, and it can all seem insurmountable. Is there anything that can help crime victims get back on their feet? The following questions and answers discuss some ways to help victims recover from crime. Q. Do I have to pay my own medical expenses if I get hurt in a crime? A. The state victim compensation... More

The law of flying

Q. I got bumped from my flight because of “overbooking.” Can I sue for the harm I suffered (hours in the airport, a lost night in the hotel)? Isn’t overbooking negligence? A. Overbooking is a common practice by the airlines, and it is generally regarded as a reasonable business practice by the airlines. Overbooking is neither illegal nor is it negligence, and there are few rules governing it. As a general rule, passengers who have been bumped due to overbooking do not have recourse... More

The law of personal injury

Click here to visit Crowe & Mulvey, LLP's website. Q. I was recently diagnosed with breast cancer, and it has spread to my lymph nodes. I have had regular mammograms every year, and I don’t understand how this could happen. Can I sue the radiologist who interpreted my mammogram films? A. If the films were not read correctly, and that led to a delay in diagnosing your cancer, you might have a case. Sometimes, mammograms can miss a small cancer — there is a known error rate of 10... More

Indicting a ham sandwich and other legal oddities

How many people were burned at the stake during the Salem witch trials? The answer is zero, although 20 people were put to death (19 by hanging and one by being pressed to death). In the “Seinfeld” series finale, the main characters end up imprisoned in Massachusetts for making fun of a fat guy who is being mugged. In fact, the commonwealth’s so-called “Good Samaritan” law — which requires anyone at the scene of an armed robbery to report the crime to police “to... More

In final analysis, this psychological drama a grabber

On the morning of Oct. 15, 2002, Susan Polk killed her husband Felix, a wealthy psychologist, in a quiet little suburb of San Francisco called Orinda. There has been no reason to doubt her role in the murder; in fact, given the prurient details of the events that led to the killing, the media have been loath to let us forget what she did.    And so who cares about yet another regurgitation of the story of a wife murdering her husband — a theme that has led to a television series... More

Fighting the war of identity theft

Mary goes to the big-box retailer and uses her credit card. Charlie goes to the drug store and uses his convenience card. Mary and Charlie’s purchasing decisions are collected and transmitted to databases where they are used and sold for retail purposes — and are available to be searched or stolen. Neither Mary nor Charlie ever agreed to allow their information to be collected or used in such a manner. They are victims of the first stage of identity theft. Over the past decade, it has... More

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