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The Law Offices of
Sean J. Cleary
228 Triangle Street
Amherst, MA 01002
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Legal News
Occasional notes from Sean about legal news, notable cases, or law-related musings.
November 2007. Deval Patrick, our supposedly grassroots, for the people Governor, has pushed rate deregulation onto the automobile insurance market here under the theory that our system is broken. Last time I checked our rates had dropped twenty (20%) percent over the past two years! In fact, without deregulation our rates this year would have dropped another ten (10%) plus percent. With deregulation the carriers are offering discounts that average seven (7%) percent. To me this is proof that deregulation does not benefit the people. One of the main complaints raised by the deregulation crowd is lack of competition. As proof, they cite the fact that most of the large national and regional carriers, such as Allstate, State Farm and Geico don't write here in Massachusetts. (This was one of Governor Romney's favorite refrains). Interestingly enough, as of this writing, not one single new carrier has filed to do business here in Massachusetts--despite deregulation. Time will tell whether deregulation with be a benefit to us or not. However my prediction is that it will not. Rates for intercity drivers will skyrocket leading to a hugh jump in uninsured drivers (because people need to drive and will drive whether then can afford car insurance or not). This will in turn drive up premiums for insured drivers. The natural result will be increased premiums.
October 2007. A loved one recently ended up in Baystate Medical Center because her heart was not beating properly. It turned out she needed a pacemaker (defibrillator). Imagine my surprise then when I found out that Medtronic has recalled its line of Sprint Fidelis defibrillators because the leads (wires that carry the electrical impulse into the patient's heart) are apparently defective and have led to injury and reportedly death. Fortunately my loved one was not given a Sprint Fidelis pacemaker. However, if you or a loved one has been, you should contact me at info@sclearylaw.com or by calling (413) 549-7600 to find out more about your legal rights.
October 2007. The Red Sox have won the World Series and thankfully, there has not been another Riot at UMass Amherst. The Southwest Residential Complex at the University of Massachusetts has a history of riots dating back to at least the mid-1980's. The most recent riot occurred on December 15, 2006 after the UMass Football team lost to Appalachian State in the championship game of the Division I-AA playoffs.
I defended several of the alleged students/visitors charged with failure to disperse, and/or disorderly conduct following the Football inspired riot. The UMass Police demonstrated their tech savvy by nabbing suspected rioters via digital video images obtained from security cameras mounted throughout the area, including inside the dormitory buildings, as well as encouraging students and staff to send anonymous tips to their webiste, www.umass.edu/umpd. Criminal charges for students also carried academic consequences as students faced a range of potential disciplinary sanctions up to an including expulsion from the University.
September 2007. I am pleased to announce that I have been voted the President Elect of the Hampshire County Bar Association. The Hampshire County Bar Association www.hampshirebar.org is one of the most well respected Bar Associations in the state. It is proud to enjoy a great reputation as a responsive, innovative and active Bar Association whose members take leadership roles on issues facing the legal community.
The Hampshire County Bar Association offers many services and programs to the local community such as the Domestic Relations Program for Children , the Conciliation Program , Lawyer Referral Service, Mediation Services, as well as the parent education programs PACT, and For The Children.