James M Lynch’s Answers

No, but I agree that knowing judges tendencies on the issues is a plus.

The fact that you never set foot on their campus is irrelevant. Their offer of admittance, presumably last Spring, was met by an acceptance of their offer of admittance and, undoubtedly, the terms of their offer. That sounds like a contract, one that you breached. In every contract breach, the non-breaching party has a duty to mitigate their damages. There is much detail left out of your question but your waiting until after the add/drop deadline suggests that you led the college to believe...

In Massachusetts, M.G.L. c.231 §85R ½ allows the stores to demand a civil damage amount between $50 and $500 from the shoplifter in addition to the actual damages incurred by the merchant. The recourse available to the stores for non-payment of the civil demand is a civil suit – probably in small claims court because that is the cheapest forum for them. That having been said, the merchant is not likely going to fund a small claims action (if your husband doesn't pay) that will, at best, yield...

There are too many details that you don't provide or don't have that factor into sentencing. The details of the attack on the pregnant woman, including the amount of force used, what the dangerous weapon was, where on the victim's body it was used and injuries suffered by the victim to name just a few. Similar details are missing relating to the bg gun incident. And lastly, you have no real way of knowing what is on your boyfriend's criminal record and that has a great impact on the...

Unfortunately, by filing an answer in the NJ court, you have submitted to its jurisdiction over you, so when the company comes to Massachusettts to enforce its judgment (if you don't defend in NJ) you cannot raise the jurisdiction issue. If it is a small claims case, it might be worth it to go down there for a day to defend it yourself. If it isn't a small claims case, then start thinking about cutting your losses and settling for a compromise figure over the phone because it will cost you...

I agree with what Attorney Mason has told you but would add this: there is also another charge that could be added to your boyfriend's troubles and it is that it is illegal in Massachusetts, under Massachusetts General Laws Chapter 140, Section 131J, to possess any portable device that transmits an electrical impulse, wave or beam designed to temporarily incapacitate another person. Violators may punished by "a fine of not less than $500 nor more than $1,000 or by imprisonment in the house of...

I agree with my colleagues that it is a matter addressed to the sole discretion of the judge and should be requested in your complaint. The outcome varies from judge to judge depending upon the individual circumstances presented and it is not a certainty that attorneys fees will be awarded.

Assuming, by "only one signature", you mean that only one witness signed the 2011 will, that will won't survive a challenge if it is filed and somehow accepted by the court. If there are no other wills after the 2001 will, that will should be filed immediately with the court.

General Laws c. 208, § 31 defines "Sole legal custody" as follows: "[O]ne parent shall have the right and responsibility to make major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development." It is likely that the decision to permit the child to scuba dive would be considered "major". While the father could take a child to pediatrician appointment, the right to make medical decisions would remain solely with the mother.

I agree with Attorney Stolzberg. Not only does the law recognize a distinction between malpractice and an unfortunate medical result but so do juries and that is why such a high percentage of medical malpractice cases result in defense verdicts. Juries, as a general proposition, recognize that a doctor's job is a difficult one and they judge accordingly. Because malpractice cases are so difficult to prove liability-wise, many of the malpractice lawyers I know ( and I am not a malpractice...