Learn to Love Yourself

    Happy Valentine’s Day! Wishing you a very special day, one filled with love! I thought it would be appropriate to write about one of the most important love a person can give: self-love. This was a foreign concept to me until recently. Many people do not know what self-love is or if they do know, they don’t give importance to it. Self-love is crucial for our happiness, well-being, mental health, confidence, and self-esteem. I’m no expert on self-love as I am learning more and more about it myself. According to Psychology Today, “Self-love means finding peace within ourselves - resting comfortably within the depths of our being.” I used to think self-love was just another chore. I didn’t think much of it until one of my good friends told me I need to give myself some more “me time”. I thought she was crazy, until I realized I was going crazy due to lack of “me time”. 

You may be wondering what “me time” is all about. Basically, it is when you take time out of your week or even day, just to spend time for yourself, give attention to yourself, and love yourself. It can consist of going to the spa, getting a massage, hanging out by the pool, meditating, golfing, etc. anything that is enjoyable to you can be considered activities you can do during your “me time”. Self-love isn’t just about pampering yourself though; it also involves being kind and gentle to yourself. When you couldn’t spend quality time in the evening with your child due to work, don’t beat yourself over it. When you didn’t do as good as you expected to on a particular exam, don’t stress over it. When you wanted to impress your in-laws with a great cooked meal but ended up burning the food, don’t hate yourself for it. When you beat yourself up because you missed the point of a major court holding in a case assigned for class, remember next time that we all fail forward and get things wrong, it is part of the learning process. Reach out to classmates, mentors or academic support for some assurance. 

Instead of taking it so hard on yourself next time, think positively! Rather than saying, “oh this will never work out” when the situation seems impossible, say, “this will work, and I will make it happen.” Rather than saying, “I’m not meant for this, there’s no way” when you’ve lost hope, say, “I have what it takes, and I will be one of the best.” Just the mere act of positive thinking will help lighten your mood and make you realize that you are doing just fine. It’s so easy to put down ourselves and see ourselves as incompetent, but every time we do that, we are taking a step back, when we should be taking a step forward. Give yourself credit for trying; give yourself the happiness you deserve; give yourself the attention you need. When you do, you find yourself to be happier, think positively, and have a hopeful outlook on life. Just know, you are priceless, and you are amazing! Love yourself and shine because no one can shine like you do! 

Do you give yourself “me time”? 

Victim of Credit Card Theft Lacks Standing to Bring Lawsuit

      Welcome to the start of the second week of February! How’s the semester going so far? I hope you have a beautiful week ahead because you deserve nothing but the best! Keep working hard, keep studying, and know you are another week closer to your dream of becoming a lawyer. This week, I want to present to you a case dealing with standing. We mainly learn about the concept of standing in Civil Procedure and speak more about it in Constitutional Law. Whether you took that class, are in it, or still have to take it, this is a great case to read because it is a real case that shows the importance of standing and how one must have it in order to bring a lawsuit. Happy Reading!

     Plaintiff was a Macy’s customer whose credit card information and identity were stolen in a cyberattack on Macy’s online database. The Plaintiff alleged that even though the hackers did not misuse his information after stealing it, the data breach caused him emotional distress. He also claimed he lost “time and money attempting to remediate the situation by cancelling his credit card, contacting each vendor that had his card number on file, and purchased data monitoring services to protect against future breaches.” The Plaintiff also alleged that he had increased risk of future harm due to the breach which constituted sufficient injury-in-fact to satisfy the standing requirement. 

        The Defendant, Macy’s, Inc., filed a Motion to Dismiss claiming that such harms were insufficient to constitute an injury-in-fact that would set grounds for standing to bring his claim. The judge agreed with the Defendant. 

 

        Judge Patti B. Saris referenced a Supreme Court case that decided in 2013, that a Plaintiff threatened with future injury has standing to sue when such injury is, “certainly impending”, or when there is, “substantial risk that the harm will occur.” Clapper v. Amnesty Int’l. Judge Saris stated that, “Here, even under the caselaw most generous to finding standing, [Plaintiff] has not alleged sufficient facts to support a substantial risk of future harm.” The judge continued to conclude that, “First, there are no allegations of any fraudulent use or even attempted use of the personal information to commit identity theft with respect to any Macy’s customer whose credit information was stolen. Second, the information stolen was not highly sensitive or immutable like social security numbers. Third, immediate cancellation of a credit card can effectively eliminate risk of credit card fraud in the future.” The judge granted the Defendant’s Motion to Dismiss for the Plaintiff’s lack of standing. 

Massachusetts Lawyer’s Weekly, Vo. 49, No. 47. 

If you were the presiding judge over this case, how would you rule?

Massachusetts Transportation Company Sued after Executive Injured in Germany

        Here we are into our second week of a new semester! How are you doing? I want to remind you that you are doing great! Keep working hard and know you can conquer any hardships that come your way! This week, I want to share a case with you where an executive traveling from the U.S. to Germany was injured in a car crash after being picked up from an airport in Germany. The predominant issue in this case was to determine who was liable: the Massachusetts Transportation Company, the German Transportation Company, or both? Keep reading to find out! 

        The Plaintiff is a 50-year-old executive whose work requires him to travel. The Plaintiff’s assistant called one of the world’s largest transportation companies, located in Massachusetts, to drive the Plaintiff from his home to Logan International Airport and then for a driver to pick him up from Frankfurt Airport in Germany and drop him off at his ultimate destination. 

        On September 23, 2015, the Plaintiff arrived at the Frankfurt Airport and was picked up by a driver with a Tesla Sedan. During the drive to the Plaintiff’s final destination, the driver passed out and the car veered off through a fence, across a field, at a high rate of speed. Eventually, the care struck a tree and the Plaintiff was badly injured requiring him to be air-flighted to a German hospital. 

        A lawsuit was filed by the Plaintiff in Norfolk Superior Court against the Massachusetts Transportation Company arguing that it had “responsibility for the accident in that it should have vetted the German driver better.” The Massachusetts Transportation Company never answered the complaint, but rather filed a Motion to Dismiss. The company argued that the accident happened in Germany, that it was subject to German law, and any and all witnesses were residents of Germany. Furthermore, the company argued that the German company was an independent contractor and that any case would have to be pursued in Germany. 

        The Plaintiff still persisted and obtained a copy of a contract that existed between the Massachusetts Transportation Company and the German company. “The document stated that the German company had to adhere to strict guidelines set by the American company. In short, the contract dictated the color of the car that would have to be used in Germany; what the drivers could wear; what they could and could not talk about; what needed to be in the car; what time they would have to arrive at a job; how they would bill; a prohibition against tips; and a requirement that the German driver carry place cards that identified the drivers as part of the American company. It even stated that the drivers could not give out business cards other than that of the American company.” 

        After all these findings, the Plaintiff argued that the American company exercised significant control over the German company and pointed out the contract even stated that in the event a dispute arose, the German company agreed to submit to the Massachusetts jurisdiction. Shortly before the Motion to Dismiss was to be heard, the Defendant Transportation company agreed to mediate the case. After a long day of mediation, the parties settled at $2.5 million dollars on October 8, 2020. 

Do you think the Massachusetts Transportation Company was rightfully held 

to be vicariously liable for the German Company’s actions? Why or Why Not?

Make 2021 a Successful Year!

        Happy New Year and Welcome Back! 2020 is behind us and we now have a brand-new year to create more memories, achieve more success, and reach higher heights! I want to start off my blog posts for this semester with some of my favorite quotes on life, studying, and success. I find these quotes to be motivating and helpful especially during times of uncertainty and times of stress and anxiety. I think these sweet reminders will help kick off your new semester with fireworks! I wish you the absolute best for this semester. Remind yourself why you decided to come to law school and think back to the day you found out you got into law school and were filled with so much joy. You have what it takes to be an amazing attorney, you deserve that J.D. degree and it will look so good at the end of your name. Know your capabilities and know you can conquer anything that comes your way. You made it this far and there’s only one direction to go… FORWARD. Keep working hard, keep a focused mind, and keep smiling! For those of you starting your first semester of law school, you’re not far behind from your J.D. degree! Take law school as a challenge! Accept the challenge, work your way through the challenge, and before you know it, the challenge will be behind you! Know that we are here for you, as a community to help you succeed. You can always reach out to me personally for advice and motivation. You can do this! Keep a positive mind, have faith, and conquer law school! You have a purpose in life, and you will fulfill that purpose with success! You got this!

Motivational Quotes for a New Semester

“Study while others are sleeping; Work while others are loafing; Prepare while others are playing; and You will enjoy while others are regretting.” -Unknown

“Fight for the things that you care about, but do it in a way that will lead others to join you.” -Ruth Bader Ginsburg 

“Everything you do now is your future. Think about that.” -Unknown

“The only thing we have to fear is fear itself.” -Franklin D. Roosevelt

“If you fall asleep now, you will dream. If you study now, you will live your dream.” -Unknown

“Believe you can and you’re halfway there.” -Theodore Roosevelt

“One day, you will be at a place you have always wanted to be.” -Unknown

“Faith is taking the first step even when you don’t see the whole staircase.” -Martin Luther King Jr. 

“When you have a million-dollar vision, don’t surround yourself with 1 cent minds.” -Unknown 

“Life is 10% of what happens and 90% of how you react to it.” -Charles Swindoll

“Your potential means nothing without taking action.” -Unknown

“Success is going from failure to failure without losing your enthusiasm.” Abraham Lincoln

How I Study for Finals in Law School

Wow, can you believe we are done with classes and now in finals week? You should be extremely proud of yourself. For those of you who already completed your finals for the semester, YAY for You! You did it! For those of you who still have final exams to take, fear not, you will do well! You got this! To help, I have outlined below how I typically study for finals in law school. This is also the last blog for this semester! I’m so thankful for all the feedback I’ve been getting, the support, and the comments that fellow students have replied with. The whole purpose of my blogs is to inform, encourage, and support my fellow classmates. Hope this helps!

Finals Study Week:

Review Outlines in order of the first final exam that is approaching: 

- Go back to the very beginning and read through the outline from start to end;

- Take notes on a separate notepad while doing a read through since repetition is key;

- Highlight important points and anything you know will, without a doubt, be on the exam;

- Take breaks after every couple pages you review; and

- Make sure to note any concepts you still have a hard time understanding and seek help.

- I will typically take one full day just to review my outlines for classes.  

Make Flashcards in order of the first final exam that is approaching. The Flashcards entail:

- Major Topics of the class;

- Write the topic on the front;

- Write the definition and forgetful details about that topic on the back; and

- Study all the Flashcards once all them are done for that one particular class.

- I will typically have about 50 flashcards by the end, per class.  

Take Practice Exams in order of the first final exam that is approaching: 

- Posted on the MSLAW website are final exams for classes from past years;

- Try to do at least two (2) practice exams per class;

- Try to take them under timed conditions; and

- Take them as if you are taking the real final exam, meaning no notes. 

- Take advantage of them because it is great practice!

Week of Finals:

- Review your Flashcards --> Quiz yourself and set aside the flashcards you have memorized and                 focus on the ones you haven’t memorized fully.

- Review Outlines --> Actively read through your outlines and make sure you understand all the                 concepts you took notes on.

- Review your Practice Final Exams --> Go over your practice answers to the practice exams you did         and compare answers with your friends. 

- Watch Review Videos --> Watch videos to help you understand concepts you’re still not confident             about. Repetition is key, so reading your outline, studying your flashcards, and watching review                 videos will all be helpful. 

- Have Confidence --> You got this! You made it this far and you can finish successfully!

I’ve found this method to work for me and if you think this will be something that will work for you, please do it! Along with doing the above, in order to prepare for your finals, be sure to be kind to yourself and not be hard on yourself. Law school is hard. Law school finals are hard. Make time for yourself to take mini-breaks in between studying. Make time to enjoy yourself, because that will allow you to also enjoy the process. Hope a little insight into the way I study for finals has helped you! Wishing you a beautiful and blessed Holiday Season!

Is Consent Needed?

        Here we are in the second week of the last month of 2020! Just a couple more weeks and we will be done with this semester. Keep pushing through, you got this! This week I want to share with you an SJC case which ruled that blood alcohol content collected without the person’s consent is inadmissible at trial. Relax and happy reading!

On the evening of March 23, 2014, a Driver lost control of her vehicle on a highway and crashed into a guardrail. Her car came to rest with part of the car in the roadway. A short while after, the Defendant was driving down the same highway and crashed his vehicle into the Driver’s. At the moment, the Driver was outside of her vehicle standing on the side of the road, so due to a chain reaction, the Defendant’s act caused her car to strike her and also put her in the path of the Defendant’s car. The Driver sustained serious injuries when she was, “dragged underneath the Defendant’s vehicle for more than 20 feet.” 

The police arrived and noticed the Defendant had a wound on his forehead and appeared unsteady. The police observed the Defendant to have glossy and bloodshot eyes, slurred speech, and a heavy smell of alcohol on his breath. When the police asked the Defendant what happened, the Defendant said that, “another car had come out of nowhere” and ran him over. The Defendant was transported to a hospital thereafter.

After the Defendant refused to consent to a blood draw, the police obtained a search warrant to obtain a blood sample based on suspected OUI. Defendant continuously objected to the blood draw, even after the presentation of a search warrant. Despite the Defendant’s objections, the police restrained the Defendant’s arms and legs and directed the nurses to draw his blood. The nurses drew two vials of the Defendant’s blood. It was found the Defendant’s blood alcohol content to be between a 0.16 and 0.26 at the time of the crash.

The Defendant moved to exclude the blood alcohol content evidence since it was taken in the absence of the Defendant’s consent as required by both G.L.c. 90, Section 24(1)(e) and G.L.c. 90, Section 24(1)(f)(1). 

G.L.c. 90, Section 24(1)(e) provides that when a test of a Defendant’s breath or blood is made by or at the direction of police, the test must be done with the defendant’s consent in order for the results to be admissible for prosecution of an OUI charge.

  G.L.c. 90, Section 24(1)(f)(1) provides that by driving on public roads, all drivers give consent to submit to a blood alcohol content test if arrested for an OUI. However, the statute goes on to state that if the defendant, “refuses to submit to such test or analysis… no such test or analysis must be made.” In such an event, the remedy would be to suspend the defendant’s license for at least six months.  

The state argued that the Defendant’s blood draw was lawful because the police acted pursuant to a valid search warrant. However, the SJC concluded that the plain language of the statutes at issue requires the Defendant’s consent to the blood draw. Justice Kimberly S. Budd wrote the following for the majority, “Both subsections require consent for OUI blood draws, and neither makes an exception for, or even mentions, warrants.”

Massachusetts Lawyers Weekly Volume 49, No. 47.

Do You Agree with the SJC’s Decision?

Mental Health & Lawyers

        Wishing you a beautiful Thanksgiving week ahead! Hope you stay warm, safe, and healthy this Thanksgiving holiday. I also wish those who have exams this week all the best! You know you can do well on your exam, you’re a smart law student! Keep going! That being said, I want to focus this week’s blog post on mental health. The topic of mental health has been in the shadows for a while and all that is doing to us as a society is weakening us, causing us to be helpless for those who need help, and sometimes even brushing it off as if there is no such thing as mental health.

I’m no expert on mental health, so I did some research. “Mental health includes our emotional, psychological, and social well-being. It affects how we think, feel, and act. It also helps determine how we handle stress, relate to others, and make choices.” (MentalHealth.gov). It is a common misconception that mental illness has to do with just brain tumors, and other medical brain conditions, however, mental health is beyond that. It includes, “depression, anxiety, eating disorders, and other disorders that affect your mood, thinking and behavior.” (Mayo Clinic). 

        Mental health issues in the legal profession are overlooked and undermined. It’s common for lawyers to put others before themselves and try to fix others’ problems when they themselves are struggling. It’s so easy for lawyers to overwork and take very little care of themselves. It’s our nature. We’re in a demanding profession and with that comes its struggles. It is crucial for law students and lawyers to recognize that struggle and come to support each other. One may not even know that a fellow law student or lawyer is struggling with their mental health. We’re so good at putting ourselves aside and conveying ourselves in a good manner just for the sake of our clients, our families, our friends, our community. We need to learn to put ourselves first, give our mental health priority, and be aware of those around us who may be struggling with their mental health. 

Using Mayo Clinic as a reference, some signs and symptoms of mental illness include:

1. Inability to cope with daily problems or stress;

2. Major changes in eating habits;

3. Extreme mood changes of highs and lows;

4. Significant tiredness, low energy, or problems sleeping; and

5. Excessive anger, hostility or violence.

        When we suffer from such symptoms, it is important to pause and evaluate ourselves. It’s important to seek help when you feel like you are not yourself. Times can be stressful around exam season or when you have trial coming up, and especially during such a pandemic. But there are resources out there that can help. In Massachusetts, we are very fortunate to have an organization whose mission is to support lawyers and law students. In most cases, their services are free of charge. Lawyers Concerned for Lawyers (LCL) stated mission is, “to promote well-being and resilience in the legal community, improve lives, nurture competence, and elevate the standing of the legal profession…to fulfill this mission, LCL provides free and confidential mental health resources, addiction recovery support, and practice management services.” LCL has visited MSLAW in the past to support students and talk about their services. Anyone who feels they need some additional support during these stressful times should reach out to them. You can learn all about their services through their website at https://www.lclma.org.   

        Whether it be speaking to a friend about it, going to a therapist, doing activities that help you relax, or surrounding yourself with people that will support you and help you grow, you should do what you have to in order to take care of yourself. 

Give yourself priority. You deserve to be happy.