The Right-to-Repair campaign that was supposedly settled back in 2013 has come to the forefront again and is on the November ballot for Massachusetts residents as Question 1. In 2013, the voters overwhelmingly passed a state law allowing owners and independent auto repair shops to have access to a vehicle’s computer information data. That law lacked teeth, however, since a provision in the measure excluded access to telematics, which is repair and diagnostic data that is sent to the auto dealer. This is information that the aftermarket repair shops contend will make them competitive with the dealers. Without it, they argue, they will be limited in what repairs they can make and will lose business and ultimately cause independent repair shops to close down.
Do attorneys have an ethical obligation to state the law accurately? Even if there is an opposing attorney that works for the Bankruptcy Court? Is it legal malpractice? Given the political season, you might think that it is up to the judge (or the media in the political realm) to determine if pleadings by an attorney advocating for his or her client are accurate. However a decision by the First Circuit Court of Appeals confirmed that a Massachusetts attorney who misstated the law, could, and in fact should, be sanctioned.
Back in September 2015 we wrote a blog article about Donald Trump and his several business bankruptcies. As we pointed out on that date, and as the Republican candidate hopeful points out whenever he can, these were not personal bankruptcies under Chapter 7, but business reorganization bankruptcies under Chapter 11.
What are the most common injuries in Massachusetts motor vehicle collisions? Eye injuries? Not likely. But they do happen. How? Ejections, objects moving about the passenger compartment striking the victim, the violence of air bags which protect but also cause injuries, and the simple striking of the face against a part of the vehicle or another passenger. Broken glass causes various eye related injuries as well as other, perhaps more obvious, injuries. The injuries include injuries from minor abrasions, cuts, retinal injuries, to corneal abrasions and far worse. Did a car accident cause double vision? Vision loss? Or light sensitivity? Do you or a loved one have an inability to focus because of an eye injury?
Cape Verdean Attorney Thiadora A. Pina, helped organize the fifth annual Cape Verdean-Jewish Seder at the St. Patrick’s Church, in Roxbury, Massachusetts. Held on March 24, 2010, the Seder focused on bringing together the two communities which have a surprisingly interrelated history. Attorney Pina is Vice President of the Board of Directors for CVC Unido – Cape Verdean Community Unity. Formed in 1999 as The Cape Verdean Task Force, CVC Unido is the only Cape Verdean agency in the City of Boston. The personal injury and bankruptcy firm Law Office of Neil Burns was a Sponsor of the event. The Cape Verdean Consulate General was a sponsor and speaker. The Seder, a festive meal with prayer, songs and discussion, was attended by over 200 people, both Jewish and Cape Verdean. Attorney Thiadora Pina and a fellow volunteer register guests at the fifth annual Cape Verdean-Jewish Seder in Roxbury, Massachusetts. The traditional Passover Seder, a Jewish holiday and ritual, is the story of freedom and rebellion against the brutal slavery of the Jews in Egypt. The Cape Verdean – Jewish Seder is a new ritual which celebrates the commonalities of the two groups; histories of enslavement and liberation, far-flung Diasporas, challenges of immigration to the United States, an heritages of prevailing over tremendous hardships. Further, when Cape Verde was a Portugese colony, Portugese Jews, facing oppression and the Inquisition, fled to Cape Verde in the 15th and 16th centruies. Apparently, the groups intermarried and ceased to exist separately. Today there are four Jewish cemeteries in Cape Verde.
Banker and Tradesman, a publication of the Warren Group published their bankruptcy statistics noting that Chapter 7 Personal Bankruptcies were up 33% in 2009. This is not news to readers of this blog or our website. What is news, however, is that Banker and Tradesman acknowledges that Massachusetts is different. While all states have folks filing bankruptcy following layoffs and business declines, we don’t have the medical bankruptcy rate that other states appear have. Instead we have seen an increase in the number of clients sensitive to huge interest rate hikes by the credit card companies. What we have seen, I explained to Banker and Tradesman, is an increased number of clients who actually could pay their credit card debt. However, when the creditors unexpectedly increased the interest rates — that pushed them over the edge: they see no way they can ever make the payments. When they file for bankruptcy, they get a fresh start, but they were not headed in that direction before the interest rate increases. In Canada, a recent article by a bankruptcy trustee, found the same results.
Boston attorney Thiadora Pina appeared in Suffolk Superior Court on behalf of the owner of Brigham’s Ice Cream stores on November 18, 2009. We represented the owner, Luke Cooper, individually, as a vendor filing suit against Brigham’s Ice Cream’s holding companies, including Deal Metrics, LLC. The vendor alleged that Brigham’s Ice Cream owed them a considerable amount of money. In their suit to collect that money directly from the bank holding Brigham’s Ice Cream’s funds, the vendor sought to also collect money directly from Luke Cooper. Attorney Pina argued on behalf of Mr. Cooper in an effort to deny the vendor the right to attach his personal bank accounts. She successfully presented her argument to the Suffolk Superior Court and the vendor’s Motion was denied as to Luke Cooper, individually.