Legal Opinion
Marston v. Orlando
Massachusetts Appeals Court
Decided June 25, 2019No. AC 18-P-358Published
1Opinion of the CourtBlake, J.
*527 This legal malpractice action requires an understanding of the requirements for expert testimony under Fishman v. Brooks , 396 Mass. 643 , 487 N.E.2d 1377 (1986), and the duty of an attorney to properly advise a client when the law governing the client's case is unsettled.
Norris Marston (Norris) 4 suffered a severe brain injury after an accident at his work site, an offshore light tower. His attorneys secured a $ 7,500 lump sum settlement under the Massachusetts Workers' Compensation Act (Act), and then pursued Federal remedies, including a claim under the Jones Act, 46 U.S.C. § 30104…
2Cases cited22 opinions
- McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
- Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
- Hendrickson v. SearsMassachusetts Supreme Judicial Court · 1974
- Southwest Marine, Inc. v. GizoniSupreme Court of the United States · 1991
- Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003
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