Parker | Scheer LLP Blog

Massachusetts Divorce: Removal Cases

We live in mobile society where it is common for a family to re-locate from one state to another, across the country, or even to a different country with ease. Moves become much more difficult and complex in a family that has experienced a divorce, or where the parents do not reside in the same household. When one parent seeks to remove the child from the Commonwealth of Massachusetts to another area of the United States or even to another country, and where the other parent does not agree with the move, the Probate and Family Courts of the Commonwealth must get involved. The parent seeking to move with the child must file a “removal action” with the appropriate division of the Probate and Family Court.

MBTA Sues CSX Over Canton Train Crash

The Massachusetts Bay Transportation Authority (MBTA) has sued CSX Transportation along with a lumber company in connection with the Canton Massachusetts commuter rail crash that occurred on March 26th, 2008. As many as 150 people were reportedly injured as a result of the collision. The suit alleges that CSX failed to set a hand brake or to lock a steel gate separating the lumber yard and the rail tracks. The suit further alleges that CSX failed to secure the car's wheels. While the litigation is clearly in its earliest stage, it would appear evident, based on the early filing of the suit, that the MBTA is in possession of substantial evidence of liability that would support a finding of liability against the named defendants. Those persons injured as a result of the crash should seek independent legal counsel to represent them in connection with their individual personal injury claims, which would not be covered by the MBTA's recent filing.

MASSACHUSETTS SHOULD OUTLAW PRE-SETTLEMENT CASE FINANCING IN PERSONAL INJURY CASES

A recent and dramatic push by specialized financing companies, eager to “advance” money – often on a “non-recourse” basis - to plaintiffs in personal injury cases, poses a serious threat to the Massachusetts civil trial system, and to the attorney–client relationship in personal injury cases.