Books
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Massachusetts Tort Damages (Second Edition, Lexis Law Publishing 1999)
by Michael B. Bogdanow, Esq.
Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108
This one-volume, hardbound book provides a thorough analysis of the grounds for recovering damages, the scope of recovery and the evidence necessary to prove or disprove damages. It was originally written by Mr. Bogdanow and published in 1993, and an all new, second edition was released in 1999. It is updated annually with a "pocket part."
Massachusetts Tort Damages may be used in the courtroom or as a desk reference. The book addresses claims for bodily injury, wrongful death, wrongful life, mental and emotional distress, professional malpractice, property damage, intentional torts, punitive damages, injunctive and declaratory relief, loss of consortium and consumer protection claims. It also covers case evaluation, restrictions on recovery, pleadings, records and forms, costs, interest and attorneys' fees, contribution and indemnity, taxation of damage awards, and expert testimony. Sample forms and jury instructions are also included.
Click here to obtain more information about the book and about how to obtain it.
Articles
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Taxation of Judgments and Settlements
by Michael B. Bogdanow, Esq.
Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108
April, 2004
This article provides a summary of many of the key issues that arise in connection with the taxation of tort settlements and judgments. Although many practitioners simply assume that such awards are not taxable, this is not always true. There are many situations in which all or part of a settlement or judgment is subject to taxation. This article will help counsel to understand the issues, provide accurate advice, and know when to refer a client to the appropriate tax practitioner.
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Cancer Litigation
by Karen R. Ristuben, Esq.
Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108
A primer of the various types of cancer, and their signs, symptoms and diagnostic and prognostic factors. Also summarized are the theories of liability in delayed diagnosis cases including proof of negligence, causation, and damages.
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Corporate and Managed Care Liability Update - 2000
by Karen R. Ristuben, Esq. and Michael B. Bogdanow, Esq.
Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108 and Emily Daughters, Northeastern Univ. School of Law, Class of 2000, April, 2000
A guide to corporate liability in the context of medical negligence including vicarious liability, apparent agency, HMO liability and ERISA preemption
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Daubert and Its Progeny: Admissibility of Expert Testimony in Federal Court
by Michael B. Bogdanow, Esq.
Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108 and Craig Todaro, Northeastern University School of Law, Class of 2001
In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786 (1993), the Supreme Court held that trial judges should act as "gatekeepers" in determining the admissibility of expert testimony. This article addresses the factors to be considered in connection with the gatekeeping role, the applicability of the gatekeeping role, the gatekeeping process and the standard of review of the trial judge's decision.
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The Use Of Economic and Vocational Experts To Prove Damages
by Michael B. Bogdanow, Esq.
Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108
May, 1999
Economists and vocational experts are often useful as consultants and as trial witnesses. This article summarizes the ways that these two types of expert witnesses can be used in connection with assessing and proving damages. It also explores the relationship between the testimony of an economist and a vocational expert.
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