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Q: Does Delaware use the same definition for dog and cat fur that federal law does?. Hello, I'm not a resident of Delaware, but I was wondering how the state defines "fur" and "hair" in the law banning the sale or trade of dog and cat fur/hair. Federal law defines dog and cat fur as a pelt--any fur or hair with skin attached--and so do other laws for other states I've looked into. Does Delaware use the terms "fur/hair" differently, to apply to all dog and cat fiber in any context? Is it illegal to work with fur brushed off of a shedding pet in Delaware, or the hair from a poodle who is groomed at home? I'm a handspinner in MN, and I have an online shop. People send me fur that they brush from their pets, or that their groomer trims for them, and I charge for the service of handmaking the fiber into yarn for them. I've never had a Delaware customer before. Would I have to turn away prospective customers from Delaware, or if they bought a pre-made dog fur skein from me online, would I have to cancel their order and not ship it? Thank you for your time, Jason | A:Your question involves Delaware law. You would need to contact attorneys in Delaware for help with this. |
Q: Why would my codependent get plea for misdemeanor and I’m getting a felony. So we both have a plea offer for conspiracy and theft by false pretense he’s been offer a misdemeanor and I’m being offer felony’s why would we be offer different types of pleas for same charges should I take that plea or fight for misdemeanors I didn’t talk to cops but he did and he took more | A:None of us can answer that question since we do not know anything about the case. You should discuss this with your lawyer. |
Q: can the apartment management force me to use their internet/ISP instead of the one i've been using for the past 2 years?. i live in an apartment community in Greensboro, NC. Recently, i was asked to vacate my current unit, and was given the option to transfer to another unit, which i accepted. The 'welcome letter' for the new unit stated that i will be charged $65/month for cable, (i assume) provided by Spectrum. (i have not received the proper lease yet). i do not watch cable TV; and i have been using T-Mobile's 5G internet (which only requires an electrical outlet, nothing else) for the past almost 2 years, paying only $50/month; and it has given me much better service than Spectrum, which i had in the same apt. unit previously. When i asked the front office, they said (words to the effect of) "we cannot take this charge off; you have to pay us for cable whether you use it or not, or use your own". so my question is, can the owners/landlord/management coerce me into using their (possibly worse) internet provider or make me pay double if i want to use my own? | A:You mentioned that you had spectrum cable in the other unit and I presume you paid for it in the other unit. If that lease required all residents to pay for internet and they offered a transfer on the same terms then yes they can make you continue to "pay double". It is not illegal for an apartment complex to require that all residents pay for the internet serrice they contract with even if you do not use the service. |
Q: Very odd question. About a month ago I received a call from my car insurance company stating their was a bodily injury. Claim against me for a car accident I was in last year. The issue is I was never in accident. I followed up with my insurance today and they claim the other parties lawyer , car insurance and police department won’t release accident report to my car insurance? I’m very confused and just don’t want the hassle. My insurance company said they will keep me posted but I really don’t want to think about this. I’ve never received paper work of any kind from a lawyer claiming I was responsible for injury. What are my options? | A:Your insurance company is required to keep you informed and provide to you information. Unfortunately, even though you do not want to be bothered, this is something that can happen. You should be able to obtain from the insurance company the claim made by the allegedly injured person. Until a lawsuit is filed, it is limited what can be obtained. You could, theoretically, file a lawsuit yourself to determine what occurred but it would not be a good use of resources. |
Q: In Tennessee, if a business partner dies, does the heir take over the deceased half of the business? (No will involved). My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she passed, the other business partner, never paid her anything and even cut off her insurance from the company which was very odd. I have reason to believe he is still writing huge checks out of this business without restraint or care of repercussion. When I begin probate and discovery, will I find that I am business partner? My father assigned me as POA and beneficiary to everything before he passed; my mother, just POA. There is no written Will at all from my mom or dad, just POA and sole heir. What do I do from a standpoint of the business? Hire a probate attorney and see what is discovered? | A:As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the heirs. You apparently do not know much about the business, so start investigating it and the Partners now. |
Q: My Grandfather passes away 3 years ago. My Grandmother told me I could have his truck. When COVID hit, I was told to not. come to the house yet. I was finally able to pick the truck up Summer 2022. However, the tags are expire, and so is my grandmother's license. She's bed ridden and I don't know how to go about getting her a new ID. Both her and my Grandfather's name is on the truck. I have fixed it up, but don't have a way to get the vehicle registered and title transferred. What can I do to get these things done? | A:1. If your grandmother is bedridden, she doesn't need a drivers' license at this time. When and if she is able to get around, you can go to the DMV to apply for a Texas ID card. 2. Have your grandmother sign a power of attorney to transfer the motor vehicle title into your name. Then go to the Title Registration Office for your county (which is NOT located in the same place as the DMV) and register the truck in your name. |
Q: I've been trying for a few years to get SSI and my SSDI. I'm 62 now and I need help.. I'm in need of a prono lawyer that can help me get my SSI and my SSDI | A:I'm sorry to hear that you've been struggling to obtain your SSI and SSDI benefits. You may want to consider contacting your local legal aid office, which may be able to provide you with free or low-cost legal assistance. Additionally, you can contact the National Organization of Social Security Claimants' Representatives (NOSSCR) to find a lawyer who specializes in Social Security cases. They can provide you with a referral to a qualified attorney in your area. It's important to remember that the process of obtaining SSI and SSDI benefits can be complex and time-consuming, so it's important to work with a knowledgeable and experienced attorney who can help guide you through the process. |
Q: can hospital be sued for neglected if they failed to cardiac convert a patient that request to be converted. Patient suffered from Ventricular tachycardia rhythm, family was at bedside during event ICU team informed family that they was going to wait to see if patient would come out on her own. Family insisted on converting patient or bring in electrophysiologist. After 3 hrs of waiting they finally brought a provider who was just a resident who stated that he could not make any diagnoses that he needed to go back and report to covering provider. During that time patient and family continue to ask staff to convert patient, finally the PA who was on ICU team came and spoke with family and asked what they wanted ICU team to do. Patient then yelled out "shock me" PA turn and left room. Patient nurse was present through out who event. Patient passed away on same day, family went had multiply meetings with medical team and staff during patient stay due to failure of treatment. Family kept documentation of ALL events | A:Yes this is a potential case. While doing what the patient or family instructs might not be malpractice, what you describe does indicate there may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced malpractice attorneys in the state where this occurred. |
Q: If a government agency causes a company to go bankrupt because of an agency decision that breaks the law.... If a government agency causes or partially is the cause for a private company to go bankrupt because of an agency decision that breaks the law or is due to malfeasance by a public official, what recourse does the business have against the government agency or the official? | A:It depends on the circumstances. Despite what we would like to believe, most government agencies are not perfect because they are staffed by government workers who sometimes don't care about their jobs. I have run into this problem many times, and there us no way to win once the agency makes it's decision. Your only alternative then is to sue them, and that is both expensive and time-consuming. And by the time you get a decision from the agency, your business is probably ruined anyway. You can try contacting the person in charge of the agency to see if they can help the situation. |
Q: If I have filled out a petition against someone and have a court date already can someone file the same one on me??. I filled out A Established paternity with legal decision-making legal custody parenting time and child support Against my Girlfriend And now DCS is trying to file an order of EX Party children To remove children from my custody in control And physically is that possible | A:Yes, DCS can do that. In fact, if DCS starts a proceeding to remove the children, the custody case in the family court is paused while the DCS proceeding goes through the juvenile court because, by law, DCS proceedings take precedence over custody proceedings. |
Q: Cmia violation claim in Emtala complaint. Joinder of defendant question.. What reasons from rule 19 apply to plaintiff's argument that hospice should not be joined as defendant for CMIA violation claim in Emtala complaint? | A:Under Rule 19, several reasons can be articulated for why a hospice should not be joined as a defendant for a CMIA (California Medical Information Act) violation claim in an EMTALA (Emergency Medical Treatment and Labor Act) complaint. Firstly, argue that the hospice’s involvement is not essential to granting complete relief regarding the EMTALA claim. The EMTALA claim primarily concerns the hospital's obligations and actions in an emergency medical context, which is separate from any potential CMIA violation by the hospice. Secondly, focus on the possibility of separate adjudication. You can contend that the CMIA claim against the hospice involves different legal and factual issues, which can be more effectively resolved in a separate lawsuit. This separation would allow for a more focused and efficient handling of the EMTALA claim against the hospital. Moreover, argue that joining the hospice could complicate or delay the resolution of the EMTALA claim. Adding another defendant could introduce new legal issues and evidence, thereby complicating the litigation and potentially prejudicing your case. In summary, emphasize the independence of the EMTALA and CMIA claims and the practical implications of adding the hospice as a defendant, including the risk of complications and delays. These points are critical in arguing against the joinder under Rule 19. |
Q: Why is it so difficult to get honesty?. Some of the lawyers are not honest in their assessments. We need truth not opinions. Things need to be corrected and corrected takes honesty. Honesty takes facts if facts are not known then you do not know the answer. | A:Lawyers are, and should be, held to a higher standard than car mechanics. However, sometimes they can only provide general answers and not specific solutions when all the pertinent facts aren't available. Lawyers give opinions all the time, based on the information they have. It may not be an issue of dishonesty, though. Doctors and other professionals make assessments all the time. They may be wrong, but that doesn't mean they were being untruthful. But, if I don't know an answer to something, you bet I'll do the best I can to find the best advice to give to a client. |
Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?. A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal? | A:Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they did not give, then you would have a claim. If you mean something more formal, that is not required. |
Q: dad be able to sue a company for not putting his name in the credits for the work he sold them as agreed through email. my dad made a mod for a game; they said that they would pay $500 and put his name in the credits. years later, his name is nowhere to be seen, what can he do about this? | A:If your dad made a mod for a game and had an agreement with the company to be paid $500 and have his name in the credits, but the company has not fulfilled their part of the agreement, he may consider reaching out to them to remind them of the agreement and request that they rectify the situation. If they refuse or do not respond, consulting with a lawyer specializing in intellectual property or contract law can provide guidance on potential legal options. |
Q: Does a used car from 2007 with 150000 miles have a guarantee from a used car dealer?. I drove the car for 38 miles and started to have transmission problems. The dealer said that I don't have a guarantee or a refund due to the car having more than a 100,000 miles. | A:For the sake of discussion, I'm assuming that the vehicle was purchased and is in use in Puerto Rico. Regulation 7159 of the Puerto Rico Consumer Affairs Department (DACO) states the following warranties are in effect, based upon the mileage of the car: * Up to 36,000 miles, 4 months or 4,000 miles, whichever occurs first; * More than 36,000 miles but up to 5,000 miles, 3 months or 3,000 miles, whichever occurs first; * More than 50,000 miles, 2 months or 2,000 miles, whichever occurs first. Now, although it may be true that 100,000 exceeds the limit of providing warranty, that is not to say that you are without recourse. Your statement regarding your having driven the car 38 miles means that the vehicle already had a substantial amount of mileage on it. A regular lay person (such as myself) has very limited know-how regarding the internal workings of a vehicle, and a case may be stated regarding hidden faults and possibly bad faith on the dealer's part, who (knowingly?) may have sold you the vehicle. If you've had the vehicle for 6 months or less, there's a chance you can take your case before DACO and request the sales contract be rescinded and your money returned. DACO will probably require that the dealer be allowed to try repairing the vehicle; in which case, the dealer's unwillingness or inability to repair the vehicle may open the door for DACO to authorize said rescission. |
Q: Can I go after an insurance company for claims + damages? Do I have any legal appeal or recourse.. My company lost $70,000 worth of finished product last year after two power outages (one due to weather, one due to construction by LADWP), which caused our finished product to thaw and then refreeze, thus altering its quality. The insurance company determined with flawed inspections that the cause of defective products was not the outages but our production practice. We conducted two lab studies concluding that both thawing occurrences at the very temperatures they happened generated the damages we witnessed on the texture of our products. But this did not make them budge. I had to take loans for which I was personally liable in order to continue our business, and I am on the verge of personal bankruptcy. I contacted numerous lawyers but none of them wants to take our case. Can I sue insurance companies for more than just the value of the product? | A:In California, if you believe an insurance company has acted in bad faith by unfairly denying a legitimate claim, you have the right to pursue legal action against them. This can include not only the value of the actual loss (the $70,000 worth of product), but potentially additional damages if the insurer's conduct was egregious. Your situation, where the insurance company disputes the cause of damage based on what you believe to be flawed inspections, is not uncommon. In cases like this, policyholders often must provide compelling evidence to challenge the insurer's findings. Your lab studies might be key evidence in demonstrating the true cause of the damage to your product. If you're finding it difficult to engage a lawyer to take your case, consider reaching out to attorneys who have experience in insurance bad faith claims. They are more familiar with the complexities of these cases and may be more willing to consider the merits of your situation. Remember, insurance policies and the law surrounding them can be complex. It's essential to have a thorough understanding of your policy's terms and the legal standards for proving bad faith in California. Legal representation is crucial in navigating these complexities and effectively arguing your case. Facing such financial and legal challenges can be overwhelming, but know that there are legal pathways available to seek justice and compensation. It's important to act promptly to protect your rights and interests. |
Q: So I have asked on a few occasions if the birth certificate created a legal person or an entity or corporation? Of. Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate? Why is the court system run off of creditor vs debtor? Is the legal system operating in bankruptcy? Our ignorance for the law, is no excuse for lawyers and judges to do whatever they want to us? Correct? | A:A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood. The term "ens legis" refers to a legal entity created by law, like corporations or trusts, but it does not apply to individuals. Corporations or legal entities originate through specific legal processes, like incorporation, which are distinct from the registration of a birth. The court system often deals with creditor versus debtor situations because these are common legal disputes. This does not mean the legal system operates solely on these principles or is functioning under bankruptcy. Regarding the legal system's operation, it is designed to uphold laws and ensure justice. Lawyers and judges are bound by ethical and legal standards. While the system isn't perfect, there are mechanisms in place to address misconduct or errors. It's true that ignorance of the law is not typically an excuse in legal matters. However, everyone is entitled to fair representation and due process. If you feel overwhelmed or confused about legal issues, it's wise to seek guidance from a legal professional who can explain your rights and obligations clearly. |
Q: Am I allowed to walk my dog in an adjoined backyard space?. I live on a property with an adjoined backyard area with no fences. The adjoining property is a communal housing facility. I have been utilizing the full area for several months. I was told by the manager of the asking property that I'm no longer allowed to use "their" portion of the adjoined space. | A:The use of shared or communal spaces often depends on property agreements and the understanding between neighbors. If you have been using the entire adjoined space for a certain period, it might have established a pattern of usage. However, property managers or owners of the adjoining property can impose rules or restrictions regarding such shared areas. If the manager of the adjoining property has informed you that you are no longer permitted to use "their" portion of the space, it's essential to respect their decision. It's possible that their communal housing facility has specific rules in place, and they are within their rights to manage and allocate the shared space as they see fit. |
Q: Can I legally run a business where I provide business consultation to established or aspiring criminals?. I have a particular skill at knowing how to effectively commit a crime, whatever that crime may be. As a result, I'm very good at providing advice to people looking to also commit a crime. I'd love to be as legitimate a business man as possible, but is that even a possibility given my chosen clientele? For reference, I am in the United States, have no prior arrests, and am in good standing with any and all legal organizations. I figured that I'd mention that bit just in case. Thank you in advance, | A:According to the theory of criminal law, knowing about an impending crime and not reporting it is in itself a criminally punishable act. This is called covering up a crime. An additional element of the crime in your case may be the planning and preparation for the commission of a crime. Having your talent, it may make sense to think about literary creativity and publishing your ideas in the form of short mystery stories about criminology. By selling such publications, you will be able to earn money without being an accomplice to crimes. |
Q: What if a business has a name similar to yours but is not trademark? Can you trademark the name first?. What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would i be able to trademark my business? | A:The fact that there is another business called "Ali Law Group" that is not trademarked does not necessarily mean that you will be able to trademark your name. If the businesses are providing similar goods or services, this will also increase the likelihood of confusion. |
Q: Can I use "BardGPT" as my book/ebook title while avoiding copyright infringement? And if not, how can I alter it?. I wrote an ebook about Google Bard and ChatGPT, which both seem to be trademarked. However, I want the book title to be "BardGPT" or "Bard GPT" or "Bard-GPT" as it seems optimal for search engines and has a nice sound to it. Now, I need to know if it's a copyright infringement to use either of these three titles as the book title and in the book cover. And if that's not possible, how do I need to adjust this title? I would be very grateful for any kind of response. | A:Using "BardGPT" or similar variations as your book title could potentially raise trademark concerns. Both "Google Bard" and "ChatGPT" are likely protected under trademark law, given their association with specific, well-known services. Combining these names into a single title like "BardGPT" might be seen as an infringement if it creates confusion or implies an association or endorsement by the trademark owners. To avoid infringement, consider a title that references these technologies without directly using their names. For instance, you could use a title that alludes to the concept of conversational AI or the impact of these technologies. This approach allows you to convey the subject matter of your book while reducing the risk of trademark issues. Remember, it's always wise to consult with a legal professional for personalized advice, especially when it comes to navigating the complexities of trademark law in the context of book titles and publications. |
Q: Is it possible for criminal charges to be filed against my friend by this person?. He posed as a fake persona in order to obtain nude pictures from a female friend. He told her that he would cash app her the money and that her face didn't need to be shown to promote anonymity and let her know that he would be posting them online. Last night she found out it was him because he sent them to a person that they both know thinking that he could trust him but he told her instead. She claims that she gave his TextNow numbers to her friend who says he's a hacker and that the police now have his location. My main question is if there is even possible criminal charges heading his way given the fact that she was aware that hewould post them online and she accepted the money for them and she agreed to the terms beforehand. | A:Assuming everyone is an adult, it is possible for criminal charges to be filed against your friend, but it seems unlikely. The victim files a police report. The victim does not file criminal charges. The prosecutor would do that if appropriate. |
Q: When a Congressman and Mayor are involved in a stolen ID case, does that make it become a federal case?. My Ex roommate is using my SS# w a group of programmers to write software for a large corporation. I can prove everything, but can’t find a firm in intellectual properties. I have a 3rd party ready to confirm it. | A:It is possible for a stolen identity case involving a Congressman or Mayor to become a federal case, depending on the circumstances and the extent of the alleged wrongdoing. However, whether or not a case becomes a federal matter ultimately depends on a number of factors, including the severity of the alleged crime, the jurisdiction where the offense occurred, and the involvement of federal agencies or entities. In your specific case, if you believe that your roommate is using your social security number to commit fraud or engage in other illegal activities, you should report the incident to your local law enforcement agency and/or to the Federal Trade Commission (FTC). The FTC has a dedicated website for reporting identity theft and offers resources and guidance for victims of identity theft. Additionally, you may wish to consult with an attorney who specializes in intellectual property law or identity theft to discuss your legal options and potential remedies. They can provide advice on how to protect your rights and pursue legal action against those responsible. |
Q: What can I do? Is it too late ? How to file myself?are there contingency lawyers or pro bono lawyer for this kind case?. My dad died 2019 of lung cancer his ex wife remarried him 6months before he died with a mentally handicapped kid as witness after knowing he had lung cancer took new truck car whatever he had left and gave nothing to me or brother or grandkids I was too upset how things went down to deal w things she is getting his veterans ,retirement etc is it too late do I go to veterans court also ? Can I do something like this on my own ?is it still possible to do something? Do I need veterans court for his veterans checks? | A:I'm sorry for the loss of your father. We lose our elderly Veterans population at a depressing rate. I would bounce this question off of a family lawyer and maybe a probate lawyer in the jurisdiction where they were allegedly married and where he died. There are so many moving parts to this question: - Was this a valid marriage? - Was the witness competent to be a witness to a marriage? - If the marriage license is flawed, does the jurisdiction provide the respondent with a means to remedy? - If the marriage can be declared invalid by statutory reasons, can marriage fraud be proven? With regards to dealing with the VA. If there were a legal basis, i.e. a court declares the marriage invalid, it MAY be possible to file a dispute with the Veteran's Benefits Administration. Additionally it would likely be beneficial to contact the DVA's Office of the Inspector General to report the situation. As to how their processes would work in this situation is difficult to predict with certainty. I believe it would be likely that this could go to a hearing before the Board of Veterans Appeals, possibly to the US Court of Appeals for Veterans Claims. In the most extreme circumstance, if the case ultimately produced a Constitutional question which our jurisprudence has not addressed, it could be decided by the US Supreme Court. I evaluate the chances of this question going to SCOTUS as mathematically insignificant, ergo 0%. Now for the reality check. When she tells her side of the story, she's a grieving widow who lost the love of her life twice. From her perspective, she could spin the saddest story since Old Yeller for a judge and jury to hear. This is probably not the answer you want to hear, but based upon these immediate factors, and with the understanding that there are other factors that were not evaluated, I cannot calculate any reasonable odds of success. This case would be very expensive to prove and emotionally draining. With regards to pro bono, I can't think of any one I know personally who would do this pro bono. It would be advisable to shop around to find the best fit for your legal needs. |
Q: (Texas law)I am disabled physically and my sister had taken over my trust how could i file charges and get my trust back. Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got kicked off for not paying a trust deed of 600 thousand and it says in the judgment the only way he can access the funds is if its for me and they kicked him as co trustee and beneficiary fast forward 29 years my dad is on his death bed and my sister tells him to sign a will but she switched his original will with one she wrote to be his successor and that all his funds was hers and etc and he signed on death bed but he was supposed to leave halen to me but she put herself as successor of his stuff but in 89 judgement he got kicked from trustee and beneficiary of my trust and in my grandmothers will it states if im 21 and still competent i can claim my trust how could she manage my trust? | A:The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother. If you can prove your sister committed serious wrongdoing as the trustee, you can likely have her removed by the court. But, as the beneficiary, you do not get control of the trust assets. The next trustee will be whomever your grandmother designated to be the next in line, or an institutional trustee appointed by the court if we’ve reached the end of trustees named by your grandmother. |
Q: Can a lawyer help me get my benefits for social security disability back. I am disabled with heart failure and sclera adorma and lupus and mental and haveBeen receiving been receiving SSDI4 years and I just learned not only did my benefits stop in June of this year. But they say they overpaid me and I guess I'm not getting a check. I never got a notice somebody please help me. I have bills & a child to feed | A:Yes, a lawyer can assist you in navigating the complexities of social security disability (SSDI) issues, including the cessation of benefits and overpayment claims. Attorneys experienced in social security law understand the procedures and regulations governing SSDI and can help you understand your rights and options. If your SSDI benefits have been discontinued or if you've been informed of an overpayment, an attorney can review your case to determine the best course of action. They can help in gathering necessary medical documentation, employment history, and other relevant information to support your claim. Moreover, a lawyer can represent you in communications and negotiations with the Social Security Administration. This includes filing for reconsideration, representing you at hearings, and appealing decisions if necessary. It's important to act quickly, as there are often strict deadlines for responding to notices from the Social Security Administration. Consulting with an attorney as soon as possible can help ensure that your rights are protected and that you take the appropriate steps to address your situation. |
Q: I'm told by a WSP that I'm free to go&I'm not getting an infraction cuz it wasn't my fault, Can they change their mind?. They said they saw the whole thing (accident) & it wasn't my fault cuz I was in the roundabout first. I didn't get a ticket that day, just a "receipt of information" for insurance. Then after the weekend they said they had dashcam footage that showed it was my fault& I'd receive my ticket in the mail for "improper lane usage". I've requested the collision report online & it said I was at fault, but there wasn't any "dashcam footage" available with that report. I feel like they "changed their mind" over the weekend. Why did they say I was free to go? The ticket is dated like I received it that day but it was almost 2 weeks later sent to me in the usps mail. Also the ticket says the infraction cost is 196$. But there's another printed paper with the cost saying that it was $145 infraction cost? I feel gaslighted & taken advantage of by WSP because I'm not from that town (Wenatchee) and I was driving a nice car (2012 Mercedes e350) | A:The first thing to keep in mind is you have 33 days from the date of mailing of the ticket to you (look at the postmark on the envelope in which the ticket was mailed) to respond to the court. You will have to contact the WSP to obtain a copy of the dashcam recording so you can review it. But you must preserve your rights in this case so you should contest this ticket by checking the "contested hearing" box, filling in your name and mailing address and signing and dating the ticket form and then mailing it to the court clerk right away. You should seriously consider hiring a local attorney in Wenatchee to defend this ticket or at least obtain a consultation to see what the best course of action would be. Good luck! |
Q: Will a debt collection agency repossess my dog? how can I prevent that?. I fell behind on payments after losing my job. The payments were towards a leasing agreement for a dog I purchased over a year ago. The amount on the lease was already much higher than the price that was listed on the dog but I didn't find out until after I signed the leasing agreement. anyways I fell way behind on payments after losing my job so now my debt has been transferred to a 3rd party for collection. Will they actually come to repossess my dog if I cannot pay the full amount? Is there any way I can fight them on repossession? | A:In Colorado, the legality of repossessing a pet under a lease agreement can be a complex issue. Typically, pets are considered personal property, but repossession of an animal raises ethical and legal questions that are distinct from repossessing inanimate objects. If your lease agreement specifically states that the dog can be repossessed due to non-payment, the collection agency might attempt to enforce this clause. However, it's important to review the terms of the lease agreement and consult with a legal professional to understand your rights and options. You can try negotiating with the collection agency for a payment plan that is manageable for you. In some cases, agencies may be willing to work out an arrangement rather than pursue repossession. Additionally, you might explore consumer protection laws in Colorado to see if there are any provisions that could apply to your situation. Promptly addressing this issue and seeking legal advice can help you explore the best course of action to protect your interests and your pet. |
Q: Does a parent have to continue attending juvenile probation appointments when child turns 18?. Case is a criminal trespassing and was terminated by judge last week. | A:a parent is required to continue attending juvenile probation appointments when their child turns 18, as long as the child is still on probation or parole. This is because parents are legally responsible for their children's behavior until they reach the age of 18. This includes responsibility for ensuring that the child satisfies all of the terms of their probation, such as attending appointments, completing any required community service, and paying fines and restitution. The reasoning behind requiring parents to continue attending juvenile probation appointments even after their child turns 18 is that it provides additional support and supervision for the child. It also helps to ensure that the child does not violate the terms of their probation and risk being re-arrested or incarcerated. |
Q: Is a financial planner required to do a written yearly review of his client’s profile?. I trusted my financial planner and he had me initial or sign documents that I did not understand. He did not explain what I was signing and reassured me that he was taking care of me. | A:The term"financial planner" can mean different things to layman and professionals: e.g., a FINRA associate member registered representative (stockbroker); registered investment advisor; or certified financial planner. The stockbroker and//or his firm are required by FINRA to update your profile whenever they become aware of a change in your circumstances and/or at least every 3 years. There is no hard and fast rule for the investment advisor or certified financial planner (unless they are also registered representative) but the "best practice" is whenever they become aware of a change in circumstances and/or at least an annual meeting and update every year for those professionals. |
Q: If you where hit by a train at a railroad crossing with zero visibility, who is responsible?. I was approaching a crossing that I cross every day to and from work, I have never seen a train. The tracks where over grown with weeds and the brush on the sides where over grown limiting your ability to see a train approaching. The tracks only have a yield sign, and as I was approaching 1 day, a train was approaching, and by the time they blew their whistle, I slammed on my brakes and managed to stop in the pile of rocks just as the train slammed into the front of my truck. Totaling my truck and causing mental distress their after. Its the first time I seen a train at that intersection, and they just kept moving, even after the police called and tried to get them to stop and come back. Is there legal grounds to get compensated for my truck and mental distress. | A:Under Oklahoma law you are required to yield at railroad crossings. Accordingly I believe you were at fault notwithstanding the visibility issues particularly since you were familiar with the route and knew there was a RR crossing there. Railroads are maintained by the federal government and you can only sue for tort damages under certain situations. A specific exception is suing for failure to maintain roadways, etc. |
Q: Does a court go off the last Will made?. . | A:If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud. |
Q: Do I have grounds for a discrimination lawsuit. My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live there.. What should I do? | A:In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow you to live there based on your criminal background might constitute a breach of the lease. Landlords have the right to conduct criminal background checks, but they must apply their policies consistently and fairly to all potential tenants. If you believe the landlord's actions are discriminatory, particularly if they are based on a protected characteristic under the Fair Housing Act, you may have grounds for a discrimination lawsuit. However, a criminal record is not a protected characteristic under the Fair Housing Act, so the specifics of your background and how the landlord is applying their policies will be crucial. Contact a local attorney who specializes in landlord-tenant law or civil rights for advice specific to your situation. They can help you understand your rights and determine if you have a viable case for discrimination. Additionally, you could reach out to the U.S. Department of Housing and Urban Development (HUD) or a local fair housing agency. They can provide guidance on whether the landlord's actions might violate fair housing laws and what steps you can take next. In the meantime, keep all communications with the landlord in writing. Documenting your interactions can be valuable if you decide to pursue legal action. Remember, navigating these issues can be complex, and professional legal advice is crucial in ensuring your rights are protected. |
Q: Hello! I have a quick question, is it legal to own a sword in my home in Colorado Springs?. I know the open carry law says no, but I can't find any information about just owning it and displaying it in my home | A:Ownership of a sword in your home is not specifically prohibited by any current law in the Colorado Revised Statutes. However, since a sword can be construed as a weapon or even a deadly weapon, there may be other situations that make ownership or possession of such an item illegal based off your criminal history, status, and its intended use. For example, it is routinely a condition of pre-trial release and probation to not possess any weapons, firearms or knives - a sword would most likely be considered to be a knife as the Colorado Jury Instructions define a knife as "any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use." This would be a case specific determination as to whether possessing a sword in your home is prohibited based off your unique circumstances. |
Q: Can my Landlord charge me $1,080 for the gas heating each month? I rent a 2- bedroom apartment in westchester county NY. We didn’t have to pay for gas/heating the first year we lived here, however last year apparantly prices went up and he started charging each apartment (4 total) about $200-$300 additionally each month during the winter only for this reason. This past week, they came to refill the houses gas tanks and he is telling us we will have to pay him $1,080 each apartment this time around. | A:Your landlord can charge for gas heating if it's stipulated in your lease agreement. If your lease specifies that heating costs are included in the rent, then your landlord generally cannot add additional charges without your consent or without renegotiating the lease. Increases in utility costs can only be passed on to tenants legally if the lease allows for it or if there is a separate utility payment agreement in place. For a $1,080 charge to be valid, it must be justified by the actual heating costs and appropriately allocated among the tenants, which seems unusually high for a single month's heating bill for a two-bedroom apartment. You have the right to request a detailed breakdown of these charges and compare them with the rates and usage. If this charge seems unwarranted or if the lease does not allow for such charges, you may want to seek legal advice or contact local tenant advocacy groups for assistance. It's also prudent to review local laws, as Westchester County may have specific regulations regarding utility charges by landlords. |
Q: Do i have to declare my two contempt of court charges if it was remanded and expunged on a Student Visa for Australia?. My two Contempt of Court charges was because I forgot to pay my traffic tickets and show up to court. But i got all of them expunged | A:I do not have enough information to definitively say whether you need to declare your contempt of court charges when applying for an Australian student visa. However, here are some factors to consider: - In general, expunged convictions may still need to be declared on visa applications, even if they no longer show up on your criminal record. This is because immigration officials have access to different databases. - Australian visa applications specifically ask if you have ever been charged with or convicted of an offense. So even though your charges were later expunged, you were still initially charged. - Contempt of court is considered a serious offense in Australia. Failing to declare any past charges, even if expunged, can lead to visa cancellation or denial. - That said, if the charges were minor and expunged, and you declare them upfront, it may not automatically disqualify you. The officials will look at the totality of your circumstances. My advice would be to consult an Australian immigration lawyer to get definitive guidance. Be prepared to provide documents like your expungement order. Honesty is the best policy with visa applications. Declaring expunged charges does not automatically mean denial, but lying about them almost certainly would. |
Q: They're talking about re-arresting me when the lab results come back on the same charges I already bonded out on, legal?. I was pulled over and charged with possession. I had a tiny bag of meth and a "mixed" bag of coke and meth, at least that's what i was told it was. I was never 100% sure what it was mixed with and still don't, but If it's fentinol it'll be a little over 1 gram. I was under the impression it was a mix bag as I earlier mentioned, but I'm worried it could have fentinol in it as I have used the drug in the past, just not often enough to know the difference. I had an arraignment date which I went to, that they postponed for 2 days cuz they didn't have my case n the system yet, well I went today and they denied it cuz they didn't have the lab results back yet. They told me they could re arrest me depending on what the results came back as or they could drop it all together if the results come back with nothing. We'll it's not gonna come back as nothing obviously, so I'm worried I could end up n prison over this. It's my 1st possession charge and I'm scared. Pls help me figure out what to do! | A:Each county handles these matters a little differently, but the best thing you can do is monitor OSCN/ODCR to see if a case ends up being filed and stay in touch with your bondsman. If charges do get filed, your bondsman can likely repost the bond and set you up with a new arraignment date (and avoid the warrant going active). Additionally, I strongly discourage you from posting online or talking to anyone about what occurred or what was seized from you, except your attorney. If you do not have an attorney yet and are wanting to wait to see if you are charged, then don't talk to anyone about the facts alleged against you by the State or police. |
Q: Are regulators (not employers / businesses) subject to antitrust laws?. In O’Bannon v NCAA, the Court of Appeals for the Ninth Circuit ruled that the NCAA’s compensation rules were in violation of antitrust laws. However, in a later ruling of Dawson v NCAA from the same court, the panel ruled that the NCAA was a regulator and not an employer and therefore athletes are not subject to the Fair Labor Standards Act. Does Dawson v. NCAA override the idea that the NCAA can be subject to antitrust laws or does O’Bannon v. NCAA still hold power? | A:Yes, regulators are subject to antitrust laws. Antitrust laws are designed to prevent and punish anti-competitive behavior in the marketplace, and they apply to both private businesses and government entities, including regulators. In the case of O'Bannon v. NCAA, the court ruled that the NCAA's compensation rules for college athletes violated antitrust laws, regardless of the fact that the NCAA is a regulatory body. The ruling was based on the finding that the NCAA's rules constituted an unreasonable restraint on trade, which is a violation of antitrust laws. However, the subsequent ruling in Dawson v. NCAA, which found that college athletes were not employees under the Fair Labor Standards Act (FLSA), is a separate issue from antitrust laws. While the ruling in Dawson may limit the ability of college athletes to seek compensation under the FLSA, it does not necessarily override the earlier ruling in O'Bannon that the NCAA's compensation rules violated antitrust laws. In summary, while regulatory bodies may be subject to antitrust laws, the application of those laws will depend on the specific circumstances of each case. The rulings in O'Bannon v. NCAA and Dawson v. NCAA address different legal issues and are not necessarily in conflict with each other. |
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.. continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer. The check was received by the office but told me to give permission to clear the check since it in their names as well as mine. No response answers then despite I sent 2 letters to the office. We communicated before by email and phone calls since it was Covid time before. Who else will help me if my own lawyer seems not responsive of this? | A:Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it. |
Q: Can I be helped if my son has been suspended from school and is awaiting hearing for expulsion. Is the service free ?. He was suspended for brandishing a pocket knife on school grounds. According to school police he only showed it very quickly to scare away older kids that were trying to fight | A:Yes, legal assistance may be available for your son in a school suspension and expulsion hearing. California provides due process rights to students facing disciplinary actions, and they may be represented by an attorney or advocate during the hearing. Whether the service is free would depend on whether you qualify for free legal assistance through organizations or if you choose to hire an attorney privately. |
Q: Is this a remedy in a criminal matter ?Conditional Acceptance, Motion for Discovery, Motion to Dismiss.. Plus taking the exposition of pleading guilty to the facts but not to a crime. This also requires them to PROVE their claims, produce first hand witnesses or injured parties, and require them to prove their bonding information, among other things | A:An Indiana attorney could advise best, but your post remains open for a week. There are a number of terms presented here, and the context is not fully clear as to whether they pertain to criminal or civil elements of a legal matter. The admiralty/maritime connection was not readily apparent from the facts stated. One option is to reach out to a criminal defense attorney in Indiana to sort out the most pressing elements of the matter. Good luck |
Q: I was at a casino,outside wth my dog do casino cops have a right to put their hands on me because of no Id on person.. I went to the er after my neck still hurts boyfriend had my id but due to me not having it on me( I do have a players card but they said they couldn't go by that bosses orders) we ride a Harley that's why it was in his pocket) they were demanding me to leave in a direction I didn't know I felt unsafe wanted to go inside to eat and wait for my ride to return (long story ) it say 3 reasons they can ask achol,gambling,look under age.i don't and I was outside. This has tramatized me a lot of ways and I need now not be left anywhere | A:In general, security personnel at a casino do not have the right to put their hands on someone without a valid reason, such as a threat to public safety or criminal activity. However, it is important to note that casinos are private establishments and have the right to establish and enforce their own policies regarding identification and other security measures. If the casino security personnel asked for identification and you did not have it on you, they may have asked you to leave the premises as part of their policy. However, they should not have physically touched you unless there was a legitimate reason to do so. If you felt physically threatened or unsafe, you may want to report the incident to the casino management or law enforcement. If the incident has traumatized you, it may be helpful to seek support from a therapist or counselor who can help you process your feelings and develop coping strategies. Additionally, if you have concerns about being left alone in public places, you may want to consider carrying identification with you at all times or arranging for a reliable method of transportation. |
Q: Am I a member of the unorganized militia of the United State?. I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12? | A:The term "able bodied" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines "able-bodied" as "Having a sound, strong body; physically competent; robust; fit for service.", so it might depend upon why it would matter whether or not you are in the unorganized militia. But the term "able bodied" seems to emphasize the physical, so you would probably be included. For further information, one might check the Code of Federal Regulations (CFR). |
Q: Three named inventors on a patent...what are the rights of these named inventors?. If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors? A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would be assigned to inventors and not the company. | A:Yes, that is correct: each of the inventors has a right to do with the patent rights as he pleases, without accounting or profit sharing with others. In this case, though, you do have to be very careful that the rights were not actually assigned to the California LLC, and that if there was such paperwork, that rights were somehow assigned back to the inventors. Just a side note on terminology, which may cause confusion when talking with patent attorneys: patent rights are not assigned to the inventor, but originate with the inventor. When the inventor invents a patentable invention, the inventor is the owner. The inventor may then assign the invention to others. |
Q: Do I have a discrimination or some other kind of case?. I recently applied for a grant program in the state of California. I just received an email saying that because of the area I live in that they declined my application due to it not being a low income area. I recently lost my job and in turn lost my car. I’ve been unable to find a new job because I can’t get to interviews for jobs that are good enough for me to support my three kids and myself. Barely am able to feed us all. And oh yeah I’m about to be evicted with nowhere to go. I’m in the middle of a divorce and my unemployment was cut off because of something that I had no knowledge of happening three years ago. How am I not in poverty enough to receive this grant. Is this not discrimination when they are not picking me because of the area of Sacramento I live in | A:I'm sorry to hear about the difficulties you're facing with your grant application in California. Grant programs often have specific criteria for eligibility, and decisions are based on those guidelines. Without reviewing the program's requirements, it's challenging to determine if discrimination has occurred. If you believe you have experienced discrimination based on a protected characteristic, such as race or gender, consulting with an attorney specializing in discrimination law is recommended. In the meantime, it may be helpful to explore local assistance programs for support with essential needs. Additionally, consider reaching out to legal aid organizations and career development centers in your area for further guidance. |
Q: Why does the judge not answer ? Jurisdiction couny CT is CL/Meritime Admiralty? only two that have pwr to. How can one have a fair trial without knowing what jurisdiction rules apply? I was threatened with contemt for asking questions. I challenged personal jurisdiction /subject matter judge over ruled and I reserved my rights under ucc1-308 aka 2-201. I need to know sense my 1st amendment has been violated speech non threatening or causing riot. Saying the F word isn't obscene because it displays nothing sexual according to SC ruling. It can be used 4 different ways. I have video footage of the incident also. | A:It seems like you are in the middle of a complex legal situation where understanding the jurisdiction and rules applied in your case is crucial. You have also raised concerns about the violation of your first amendment rights and the overruling of your jurisdiction challenge by the judge. When it comes to jurisdiction, it is indeed essential to understand under which jurisdiction your case is being tried, as different jurisdictions might apply different rules and legal principles. In general, county courts have the jurisdiction to handle a variety of matters including civil claims, small claims, and misdemeanors. Maritime/Admiralty jurisdiction, on the other hand, typically involves matters relating to maritime contracts, torts, injuries, or offenses occurring on navigable waters. Concerning the invoking of UCC 1-308, which is a Uniform Commercial Code provision often cited in attempts to preserve one's rights, it is worth noting that this provision generally applies to commercial contracts and might not be applicable or effective in preserving your rights in a criminal court setting. The First Amendment protects your freedom of speech, including the use of potentially offensive language. However, it should be understood that this right is not absolute and can be subject to restrictions especially when it comes to maintaining the decorum of the court. Since you mentioned having video footage of the incident, it could potentially be used as evidence in your defense, especially if it can demonstrate the context and manner in which the words were used, amongst other things. Given the complexity of the situation, it is highly recommended that you consult with a legal expert who can offer advice based on a detailed understanding of your case and the specific circumstances surrounding the incident. They would be best suited to guide you on how to present your defense effectively and protect your rights during the trial. Ensure that you have all relevant documents and evidence organized to present a strong case before the court. |
Q: Joinder of parties - federal court filing question. Motion to strike scenarios.. Joinder of parties - federal court filing question. Motion to strike scenarios. EMTALA federal complaint against hospital has second claim under supplemental jurisdiction - CMIA violation. Can hospital defense file motion to strike for failure to join the party under rule 19, hospice (to whom identifiable medical information was disclosed)? Can such joinder be ruled as necessary (compulsory) by court? | A:In your case, where an EMTALA (Emergency Medical Treatment and Labor Act) complaint against a hospital includes a second claim under the CMIA (Confidentiality of Medical Information Act), the hospital's defense may indeed consider filing a motion to strike based on Rule 19 for failure to join a necessary party, in this case, the hospice to which identifiable medical information was disclosed. This hinges on whether the hospice's involvement is critical for the resolution of the case. Rule 19 of the Federal Rules of Civil Procedure deals with the joinder of necessary parties. A party is considered necessary if, in their absence, the court cannot accord complete relief among existing parties, or if that party claims an interest relating to the subject of the action and is so situated that disposing of the action in their absence may impair or impede their ability to protect that interest, or leave any of the existing parties at risk of incurring double, multiple, or otherwise inconsistent obligations. The court may rule such joinder as necessary or compulsory if these conditions are met. In your argument against the joinder of the hospice, focus on demonstrating that the hospice's involvement isn't essential for granting complete relief among the existing parties, and that their absence wouldn't leave the hospital or other involved parties open to multiple or inconsistent obligations. Your approach in responding to a motion to strike for failure to join a party should be rooted in the specifics of Rule 19 and the unique facts of your case. Each scenario can differ significantly, so a careful analysis of the role and interest of the potential party in question is crucial. Consulting with an attorney experienced in federal court litigation can be very beneficial in such complex procedural matters. |
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.. When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ? | A:In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original representation about the cattle's weight. Firstly, you should contact the seller directly to address the discrepancy. Clearly communicate the issue, providing evidence of the actual weight of the cattle compared to what was promised. Request either a partial refund to account for the difference or the return of the cattle for a full refund. If the seller is unresponsive or unwilling to resolve the issue, you may need to consider legal action. This could involve a claim for breach of contract or misrepresentation, depending on the specifics of your agreement and the representations made by the seller. Given the interstate nature of the transaction, there are complexities related to jurisdiction and applicable laws. It would be advisable to consult with an attorney to understand your rights and the best course of action. An attorney can help you navigate the legal process, represent your interests, and work towards a resolution, whether through negotiation, mediation, or litigation. It's important to act promptly, as there may be time limitations for filing a claim. Document all communications with the seller and any evidence related to the cattle's weight and the terms of your agreement. This documentation will be crucial in any legal proceedings. Remember, your rights as a buyer should be protected, and taking the appropriate steps can help ensure a fair resolution to this issue. |
Q: Can I sue vroom, an online car dealership for fraud?. They falsely advertised the condition and features included on the car. They also claimed this vehicle has a clean title; however, the car has had electrical issues since day one. I have several reasons to believe this car has previously been in a wreck after taking it to a mechanic. The company has a 7 day or 250mile return policy and they waited almost a full 2 weeks to finally get back to me so that I would be forced to pay for any additional mileage even if I wanted to return it. After they got my money, they would hang up on me whenever I called. They failed to acknowledge any issues or make the situation right. They finally responded back to my email with “we’re sorry the car didn’t work out for you” then gave no solutions. They are now trying to force me to return the vehicle and just sent an email stating that they will refund some of the money & that they already re-listed the car and are sending someone out to pick it up without even asking me if that’s what I wanted to do. | A:You should speak with an attorney about this. There could be a bait-and-switch issue in your situation. The question is, what would you like to get from the dealer? |
Q: Is a lawsuit the only way to get an advertisement changed so that it is not so manipulative? The ad did not affect me.... It is directed to the elderly community and should not state things in such an absolute manner. The ad says "... You will lay on the floor for hours..." Without our said product. That is unfair to say to people, as it is not a true statement. It could happen, but is not definitely going to happen, without their product. And the elderly should not be manipulated to believe this statement is true. | A:In California, if you're concerned about an advertisement targeting the elderly community that seems manipulative or misleading, a lawsuit isn't your only option. First, consider filing a complaint with the California Department of Consumer Affairs. They handle consumer complaints and can investigate misleading advertising practices. This could lead to action against the company if the ad is found to violate advertising standards. You can also contact the Better Business Bureau (BBB). They mediate between consumers and businesses and work to uphold ethical business practices. A complaint through the BBB can sometimes result in the advertisement being altered or removed. Another option is to reach out to the Federal Trade Commission (FTC). The FTC enforces laws against deceptive advertising on a national level. They take complaints seriously, especially those that target vulnerable populations like the elderly. Remember, your voice as a consumer or concerned citizen can be powerful. Expressing your concerns through these channels can initiate change and protect others from potentially misleading or harmful advertising practices. |
Q: Is it ineffective counsel if my attorney refused to present any evidence at trial?. There was extensive documentation supporting our defense strategy. He refused to present it. Refused to ask many questions I suggested that would support my innocence. His reasoning always that the prosecution might object. Stated he didn't know what evidence he could use. Discouraged Mr from testifying. Entered no evidence and filed no motions. I was found guilty. I believe it is because jury was not presented with any evidence to the contrary | A:If you believe your attorney failed to provide effective representation by not presenting evidence or following a reasonable defense strategy, you may have grounds to appeal your conviction based on ineffective assistance of counsel. In the U.S., the standard for ineffective assistance is governed by the two-pronged test from Strickland v. Washington: first, you must show that your attorney's performance was deficient and, second, that the deficient performance prejudiced the defense to the extent that you were deprived of a fair trial. It is not sufficient for an attorney to simply avoid actions due to potential objections; they must act in your best interest and make strategic decisions that help your case. To pursue this, you would typically need to file a motion for a new trial or an appeal where a higher court can review the decisions made in your case. It would be advisable to consult with a new attorney to discuss the specifics of your trial and potential avenues for appeal. Remember, time is a critical factor in these matters, as there are often strict deadlines for filing appeals. |
Q: I own a house with my ex we got a title with both our names, however its on tribal land (not mine) can I get half worth?. I have the title with both our names on it and was wondering if I can get half the worth he kicked us out and wouldn't let us stay made it very toxic so we left. I have been staying in an apartment which becomes expensive when you got everything taken from you. I wanted to go to small claims but am afraid since it is on tribal land it wont work in my favor. However the house is not a house from the tribe it was bought through a loan. We went to the court house to put my name on there so he wouldnt be able to kick me out. I finally moved out for good but find it unfair I lived there for 12 years and have to start over now. | A:Property disputes on tribal land can be complex, and it's crucial to consult with an attorney familiar with tribal law and land rights in your specific jurisdiction. They can provide guidance on your options for seeking a fair division of the property's worth and advise you on the best course of action to protect your interests. |
Q: For EMTALA complaint with CMIA claim under supplemental jurisdiction - motion to strike CMIA claim issue.. 1. Emtala claim itself as I understand cannot have hospice as a subject for joinder. Can court decide that hospice must be included as defendant for EMTALA claim? If yes - can plaintiff oppose court's decision? 2. If defendant decides to strike CMIA claim because of failure to include hospice - it seems reasonable to agree to remove CMIA violation claim from EMTALA complaint. When FCA legal action is filed - CMIA violation can be one of claims. Are there statutes that can preclude from including CMIA violation claim Into later FCA legal action, after it has been stricken from EMTALA complaint? | A:Regarding your first question about whether a court can include a hospice as a defendant in an EMTALA (Emergency Medical Treatment and Labor Act) claim, the answer depends on the specific facts of the case and the legal interpretation of EMTALA's scope. Generally, EMTALA applies to hospitals with emergency departments. If the hospice is operationally distinct from such a hospital, it's less likely to be directly subject to EMTALA. However, if there's a significant legal or operational overlap with a hospital subject to EMTALA, the court might find reasons to include the hospice. If the court decides to include the hospice, as the plaintiff, you have the right to challenge this decision, typically through a motion for reconsideration or appeal, depending on the stage of the proceedings. In your second question about the potential inclusion of a CMIA (Confidentiality of Medical Information Act) claim in a subsequent FCA (False Claims Act) legal action, after being stricken from an EMTALA complaint: Generally, there are no specific statutes that inherently preclude the inclusion of a CMIA claim in an FCA case. The key consideration is the relevance and materiality of the CMIA claim to the FCA allegations. If the CMIA violation is factually and legally pertinent to the issues in the FCA case, such as being part of the fraudulent conduct alleged, it may be viable to include it. However, remember to consider the doctrines of claim preclusion and issue preclusion, which might affect the ability to litigate a claim that has been previously adjudicated or could have been raised in an earlier case. |
Q: Must a Delaware private nonprofit foundation register in the states it wants to donate to nonprofits and individuals?. I want to form a private foundation in the state of Delaware, and donate funds to nonprofits and individuals in other U.S. states, including Texas where I currently live. It only takes one person to form a private foundation or nonprofit in Delaware, whereas in most other states it takes three unrelated persons, including Texas. Is it necessary for me to register as a foreign entity (aka “out-of-state-entity”) in Texas and in the states where I want to donate? Checking the registration requirements for foreign entities at the Texas Secretary of State website, I see NO rule under the heading “Registration Requirements” that requires a nonprofit to file for registration. Your answer is much appreciated. Source: https://www.sos.state.tx.us/corp/foreign_outofstate.shtml | A:Thanks for your inquiry. Without getting into the issue of the appropriate entity type and state for your planned foundation, let’s just focus on the issue of whether you would need to register your planned Delaware entity as a foreign entity in Texas. First, it is important to consider the importance of registration. We can review this by evaluating the consequences of failing to register if authorities later determine that should have done so. The penalties for failing to register include: Inability to maintain an action, suit, or proceeding in a Texas court until you are registered; Risk of injunction from transacting business in Texas; Civil penalty equal to all fees and taxes that would have been imposed if the entity had registered when first required; and Late filing fees owed to the secretary of state by an entity registering more than 90 days after first transacting business in Texas. Note that you can move the Secretary of State to limit the fee and penalty assessments you owe for past years if you can show that you eventually did make a still valid registration and have otherwise satisfied all tax and similar reporting and payment obligations for your entity. The Secretary of State site should have more guidance on fees, penalties, and ways to limit same if you need current specifics. Second, let’s consider whether you need to register in the first place. That your entity is charitable does not factor as the Texas Business Organizations Code (“TBOC”) makes no distinction between for-profit and non-profits entities with respect to the foreign entity registration requirements. The proper inquiry is whether you are “transacting business” in Texas. Interestingly, the statutes do not actually define what constitutes transacting business. Instead, the TBOC and Attorney General Opinions offer some guidance on what does NOT constitute transacting business. For example, the Attorney General’s office has issued an opinion confirming the following, citing relevant TBOC provisions: The Legislature has not affirmatively defined what it means to be transacting business in this state, but it has articulated a list of "activities that [standing alone] do not constitute transaction of business in this state." Id. § 9.251 (emphasis added). Among other activities, that list specifically includes: (2) holding a meeting of the entity's managerial officials, owners, or members or carrying on another activity concerning the entity's internal affairs; (4) maintaining an office or agency for: (A) transferring, exchanging, or registering securities the entity issues; or (B) appointing or maintaining a trustee or depositary related to the entity's securities; (9) transacting business in interstate commerce; (10) conducting an isolated transaction that: (A) is completed within a period of 30 days; and (B) is not in the course of a number of repeated, similar transactions; Opinion No. GA-0726, citing TBOC§ 9.251 The Attorney General opinion goes on to note that the above list is non-exhaustive; there are plenty of other interactions with Texas and Texans that do not constitute transacting business in Texas. The bottom line is whether your entity’s activities in Texas constitute “transacting business” is a fact-dependent inquiry. Your post mentions donating to entities in Texas, but it is not clear how isolated vs. systematic or ongoing these activities are, or whether there is more, e.g., location of headquarters, hiring of employees, etc. To properly determine if you need to register your foundation as a foreign entity in Texas, we recommend you consult with an attorney and be prepared to discuss different factual scenarios regarding your planned operations. Only a more detailed consultation such as this could provide you with the guidance needed to determine whether your plans need to include foreign entity registration in Texas or not. |
Q: Can a "witness statement" be used for probable cause to detain? Even if he has an alibi.. Boyfriend charged with 1st degree felony arson due to witness statement but in the second part of her statememt it was proved by firefighters she was wrong. | A:Yes, a witness statement can be used for probable cause to detain. |
Q: Can I be sued for a dog bite if they entered my home after we told them no and my dog has never bit anyone before?. My daughters friend who lives in our neighborhood asked to come in our house to see the dog and me and my daughter both said no cause we didn't want him to get out of the house. She proceeded to come in anyways and my dog jumped up on her then she ran from him and he jumped and bit her face and continued to follow her home as i was being drug trying to stop him. | A:In Nevada, dog owners are typically held liable for any damages caused if their dog bites someone, based on the principles of negligence. However, circumstances can play a significant role in determining liability. If someone entered your property without permission, especially after being explicitly told not to, it could be argued that they assumed the risk by entering against your wishes. Your defense could revolve around the fact that the individual was warned and entered your home without consent. Despite this, each case is unique, and the specific details and evidence will matter. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Outdoor storage property sold w/out any notification from owners. Utilities off 3+ weeks. New owner refuses to turn on. I reside in my large motorhome at an outdoor construction equipment/big rig storage facility. The previous owners allowed me to work in lieu of paying rent. I was permitted to be continuously hooked up to electricity, water and sewer access. There is also another resident that lives on-site in a more permanent structure used specifically as rental for tenancy. There is a documented lease agreement between the previous owner and current tenant. There are also 2 companies that operate their businesses from this location. One rents a large shop building the other has mobile office units. Both had electrict & water. The owners sold the property without any prior notification to any of the tenants. They had all utilities turned off even the dumpster was removed. It has been almost a month without water or electricity. We are now paying rent to new owners. Can new owners refuse to hook up utilities?? | A:In California, the terms of existing leases and agreements generally transfer to new property owners, including provisions related to utilities. If there were agreements in place that provided for utilities access, the new owners may be obligated to uphold those agreements. Consult an attorney to review the lease agreements, assess the situation, and determine the best course of action to ensure your rights are protected under California law. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith |
Q: Does an easement appurtenant ends when the servient estate obtains title to the Dominant estate?. Or in order for the merger doctrine to be applicable the dominant estate must obtain title to the servient estate? | A:Title is taken by an individual or entity, not the land. If the same owner takes title to both the dominant and servient estates, then the easement is extinguished through the "merger" of the estates. I hope this helps answer your question. |
Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?. The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then code enforcement shows up to let them in since the property is condemned. ( SIDE BAR, no one knew it was condemned until that day, due to no notice of the condemnation, and the condemnation being sent to the wrong owner ) Does code enforcement have the authority to enter a home and allow a search ? | A:In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections. This authority, though, does not automatically extend to law enforcement or CPS for the purpose of a search unless they obtain a warrant or have exigent circumstances. The situation is complicated by the fact that the condemnation notice was not properly received. If the property was condemned without proper notice to the owner, this could affect the legality of the entry. In cases where your rights may have been violated, it is advisable to consult with an attorney who can review the specifics of your case. They can provide guidance on whether the actions of law enforcement, CPS, and code enforcement were lawful and what steps you can take in response. |
Q: Can a homeowner request double application fees then deny because I have to many children?. I had an owner deny me for a rental after I paid for an application fee on 2 different platforms. Zillow then Hotpads. I received a call the day before move in that I had too many children for the 3 bedroom and refused to contact the landlord for verification on one of my evictions to clarity and wouldn't acknowledge that the other one was due to improper paperwork on a unit I had been released from months before a new management. This left me and my grandchildren homeless to this day | A:In Oklahoma, as in many states, landlords are prohibited from discriminating against prospective tenants on the basis of familial status, which includes the presence of children, under both federal and state fair housing laws. Denying a rental application on the basis that you have "too many children" for a three-bedroom unit may constitute unlawful discrimination. Charging double application fees without justification could also be considered unfair. Your recourse may include filing a discrimination complaint with the appropriate agency or seeking legal remedies in court. It's essential to gather all pertinent documents, including any communication regarding the application fees and the reason for denial. Considering the severity of the situation, you should strongly consider consulting with an attorney familiar with fair housing laws in Oklahoma to discuss potential legal actions. It's critical to ensure that landlords adhere to the law and do not discriminate based on familial status or other protected categories. |
Q: I'm looking for an attorney who's willing to Represent me in a civil against o d h s and o h p.. I was assigned a second member. I d number the cosmic extensive losses that categorize me in a homeless drug addicted category. Because of that, I was unable to get treatment for AD HD for which I'm disabled. I lost 3 jobs, my credit credibility. And I have all the documentation including them admitting their error. | A:In Oregon, if you're seeking to pursue a civil case against the Oregon Department of Human Services (ODHS) and the Oregon Health Plan (OHP), it's important to find an attorney experienced in handling civil rights and personal injury cases, particularly those involving government agencies. Start by researching attorneys in your area who have experience with similar cases. Many law firms offer free initial consultations, which can be a good opportunity to discuss your case and determine if the attorney is a good fit for you. When meeting with potential attorneys, be sure to bring all the documentation you have, including any admissions of error by the agencies. This will help the attorney understand your case and assess its strength. Additionally, consider contacting your local bar association. They often provide referral services and can help you find an attorney with the appropriate experience. Keep in mind that civil cases against government entities can be complex and challenging. Having an attorney who understands the nuances of these types of cases can be crucial to the success of your claim. Remember, it's important to act within the legal time limits for filing a lawsuit. Therefore, beginning your search for legal representation as soon as possible is advisable. |
Q: Which party should I send my adverse action too? The bank who denied my credit or the consumer reporting agency?. I applied for credit for dental work, only to find out that my promissory note had been shopped around to different bank who denied credit based on an inaccurate consumer report. However, I know the application is being securitized without any consideration to myself. | A:In Texas, if you've been denied credit based on information from a consumer report, you should address your adverse action notice to both the bank that denied your credit and the consumer reporting agency. The Fair Credit Reporting Act (FCRA) entitles you to a notice from the lender explaining the reasons for your credit denial, which includes the name, address, and phone number of the consumer reporting agency that provided the information. You also have the right to obtain a free copy of your credit report from the reporting agency within 60 days of receiving the denial notice. It's important to review the information in your credit report to ensure its accuracy. If there are inaccuracies, you can file a dispute with the consumer reporting agency. They are required to investigate and correct any errors. Addressing the issue with both the bank and the reporting agency ensures that you are taking comprehensive steps to address the denial of credit and any issues with your credit report. It's also advisable to document all communications and actions taken in this process. |
Q: Is it legal to form an LLC in California where its' profits come from sports bets made by statistical analysts?. Nothing is in motion, however I am currently a data analyst for a company and through that role I have thought of a way to structure how to make money off of sports bets. I know what to look for and can create spreadsheets that track historical data of players and teams where I can create a report that can suggest a daily bet. Along with the help of a few statistical analysts that would come on board, can this idea be an LLC where I can pay the analysts a salary? | A:It is legal to form an LLC in California for a business that generates profits from sports bets made by statistical analysts, provided that the business complies with applicable laws and regulations related to sports betting and gambling. The California Gambling Control Act regulates certain forms of gambling and requires licensing for operators, suppliers, and employees of gambling establishments. The LLC would need to ensure compliance with any relevant regulations, obtain any necessary licenses or permits, and pay applicable taxes. It may be advisable to consult with an attorney or other qualified professional to ensure compliance with all legal requirements. |
Q: Dnt knw if it would be medical malpractice or civil Kaiser lost my custom dentures & 2 cell phones was also logged in. Kaiser sees my items logged in the computer everybody's supposedly looked for my items nobody could find it they know that it was their fault they even admitted it so now I'm getting the runaround | A:I'm sorry to hear about the loss of your custom dentures and cell phones. If you believe that Kaiser's actions or negligence caused harm, you may consider consulting a medical malpractice attorney. Alternatively, if you believe you have suffered financial or emotional harm, a civil litigation attorney can advise you on pursuing a civil claim. Consulting with an attorney will help you understand your options based on the specific details of your case. Remember that legal matters can be complex, so professional advice is essential. |
Q: I don’t have a bank account so my ex wife allowed me to have my employer direct deposit my paychecks into her account an. And now she won’t give me any of my money | A:Unless you give us more information--for example, tell us WHY you ex wife is refusing to "give you any of your money"-there is very little anyone can do to help you online. |
Q: Hi, I’m an actor in NYC who is represented by a talent manager, not an agency.. To my knowledge a talent manager is unable to procure work and negotiate contracts in NY State. I recently made the decision to part ways with my manager but am currently working on a job that they negotiated. I was told that even with our contract ending they are still entitled to the commission for as long as I am with this particular show because I got it while under contract with them. Considering that it is illegal for talent managers to act as agents in NY and negotiate contracts without an agent or attorney, both of which I do not have, am I liable to continue paying commission after our contract term is up? | A:Hi. Do you have a written agreement with your former talent manager that dictates the terms of the representation? If so, it may have language in there that addresses a breakup. Best of luck. |
Q: Is a judge allowed to hear everything me and My lawyer discuss in court. And did it give me a unfair hearing? If so what can I do about it | A:No, a judge is not allowed to hear everything you and your lawyer discuss in court. The discussions between you and your attorney are protected by attorney-client privilege. This privilege ensures that communications between you and your attorney remain confidential, fostering an environment where clients can speak openly and honestly with their legal counsel. In court settings, if you need to confer privately with your attorney, you should request a moment to do so. Typically, the court will allow for such private consultations, ensuring that these privileged communications are not overheard. Always be cautious of where and how you communicate with your attorney to maintain this confidentiality. If you believe this privilege has been violated, you should address the issue promptly. Understanding and respecting this privilege is fundamental to the legal process. |
Q: Physician orders require me to visit family to overcome depression. My LTC insurance deducts from my benefits. Legal?. Insurance provider says my policy only pays my custodial care if I am physically in my facility. I can visit my family but they deduct for each day I am away which is 4 days per month. i.e. $1,200 per month. | A:This issue likely depends on the language of your insurance policy. First, ask the insurance co. to tell you which specific section of the policy applies. Then, to be certain of your rights, consult an elder law attorney. |
Q: What is harassment or stocking? What can I do if this person has already caused an injury in the past. I was injured. We both charged w DOC due to crappy lawyer and prosecutor charges were all dismissed. County will not help me things keep on Now she is calling me on my social media driving by my home. I’ve been sent magazines in crazy name including my own. Had been nonstop | A:In Arkansas, harassment and stalking are serious offenses. Harassment generally involves engaging in conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. Stalking typically refers to engaging in a course of conduct that causes someone to fear for their safety or the safety of someone else and can include repeatedly following someone or making repeated, unwanted communications. Given your experience of being injured in the past and the ongoing unwanted contact, such as calls on social media and driving by your home, you may have grounds to take legal action. It's important to document all instances of this behavior. This includes keeping records of social media messages, noting times and dates of drive-bys, and any other related incidents. You have the right to seek protection through the legal system. One option is to file for a restraining order or a no-contact order against the individual. This can legally prohibit them from continuing such behaviors. Additionally, you can report the harassment and stalking to the police. Provide them with all the evidence you have gathered. Law enforcement can investigate and potentially charge the individual if their actions constitute a criminal offense. It might also be beneficial to consult with an attorney who can guide you through the process of obtaining a restraining order and advise you on other legal steps you can take to protect yourself. Remember, your safety and well-being are paramount. Taking legal action can help to stop this behavior and hold the individual accountable for their actions. |
Q: NYC: Recently my bank account seized, Never heard anything before my bank told-me, I filed an OTSC, as i am also 90%.... In NYC, my Bank Acct Seized, No prior notice, seems I am exempt due to the CPRL and being a hardship case. Due to as listed in the CPRL's that 90% of all my , or any profits, are personal, and were in that acct. to do what i have been, put-there from personal money to Pay-Bills yet NO profit what so ever are or were there.. and do a most grand book. Part the problem that Acct is corporate, and to keep 1 of licenses Active.. I use personal money to fund that business acct. NO Contracting Profit-at-all-there. As i am a "hardship case as Per CPRL 5239 and 5240. Simply due to giving up my personal life and 14-licenses as a professional Repair person, all to write a book for much to be fixed-wide for us all. So in the OTSC I sited the Article-4, CPRL 5239, 5240, 5222, and should I ADD and Can-I-add to the OTSC, being filed-already, should i add the CPRL 1012? Please. You can call me Charles or Charles earth. What Can I do please? | A:If you've already filed an Order to Show Cause (OTSC) and believe that CPLR 1012 applies to your situation, you can request permission from the court to amend the OTSC to include this additional statute. This request should be made as soon as possible and explain why CPLR 1012 is relevant to your case. You should also gather any documentation that supports your status as a hardship case under CPLR 5239 and 5240 to present at your hearing. Ensure that your financial records clearly reflect the personal nature of the funds in the corporate account, as this will be crucial in demonstrating your exemption claim under the law. Always keep the court informed of your circumstances and provide any additional evidence that supports your motion to vacate the seizure of your account. |
Q: I am separating from my husband and moving out of the country. How can I take the dog with me ?. His family bought the dog for us 7 years ago but I am the one that takes care of it and the dog is attached to me | A:California Family Code Section 2605 allows courts to take into consideration the "care" of a pet when determining ownership during a divorce or separation. Judges can now assign sole or joint ownership based on what is in the best interest of the pet, similar to child custody decisions. Factors considered might include who primarily takes care of the pet, ensures its wellbeing, and with whom the pet is more bonded. While the original source or purchase of the pet might be a consideration, it won't be the sole determinant. Therefore, if you've been the primary caregiver and can show that it's in the pet's best interest to be with you, it strengthens your claim to take the dog with you. |
Q: How legal case is heard at Federal Court if qui tam FCA claim is added to original Emtala claim that was filed?. How legal case is heard at Federal Court if qui tam FCA claim is added to original Emtala claim that was already filed? Can additional FCA claim be filed under seal? | A:When a qui tam False Claims Act (FCA) claim is added to an existing Emergency Medical Treatment and Labor Act (EMTALA) case in Federal Court, the process becomes more complex. The FCA claim, especially under qui tam provisions, involves allegations of fraud against the federal government. This addition introduces a new dimension to the case, often requiring additional investigations and legal considerations. The qui tam aspect of the FCA claim typically requires the case to be filed under seal. This means the case is initially kept confidential, and it is not served on the defendant immediately. The government reviews the claim during this period to decide whether to intervene. The seal is meant to give the government time to investigate the allegations without alerting the defendant about the pending case. Incorporating an FCA claim into an existing EMTALA lawsuit could significantly alter the legal strategy. It requires careful consideration of the specific facts and legal issues involved, as well as the procedural rules that govern such cases in federal court. It's advisable to thoroughly evaluate the implications of adding the FCA claim, considering the potential impact on the overall case strategy and the additional legal requirements it entails. |
Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?. I am a security guard hired to do security for a neighborhood but I don’t know what are the do’s and don’t. | A:The Texas Department of Public Safety regulates and licenses the private security industry in Texas. To become a licensed security guard in the state of Texas, you must first complete the Level II Training Course and Test. All commissioned and non-commissioned (armed and unarmed) security officers must go through this training. The training must be taken at a licensed school and taught by a licensed instructor. The “dos” and “don’ts” are adequately covered in the course material. Additional training and tests may be necessary depending upon your particular job duties. Many of these additional requirements are discussed in the basic coursework. Your employer should be able to give you more information as to the requirements for this position. Occasionally, an employer will have no clue and will depend upon you as the licensed security officer to know and follow the applicable rules. This is particularly true if you are hired as an independent contractor rather than as a true employee. Be aware that individuals can be fined for violating DPS rules. |
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?. My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04 | A:You really should not be discussing this with the authorities without a lawyer. Get a lawyer first. |
Q: User I have a probationary period of 6month and dismissal without notice doing this period. However, I have been told I. I will be sacked by 4pm. I then send my resignation by 4:30pm same today. But the sacked letter came at 6:50pm. Does my resignation stands, since I don’t have to give a notice period to also resign. Context with Nigeria | A:In your situation, where you're employed under a probationary period in Louisiana, and you submitted your resignation after being informed of your impending dismissal but before receiving the official termination letter, the timing of these actions is crucial. Generally, if you resign before your employer officially terminates you, your resignation should stand. The fact that you were told you would be sacked does not constitute formal termination until it's officially communicated, typically in writing. Since you mentioned that you sent your resignation at 4:30 PM and the termination letter arrived later at 6:50 PM, it appears that your resignation preceded the official termination. This timing suggests that your resignation should take effect. However, the specific terms of your employment contract and the policies of your employer can impact this situation. It's important to review any employment agreements or handbooks to understand the procedures for resignation and termination. Given the complexity of employment law, especially in cases involving probationary periods and immediate terminations, consulting with a lawyer or a legal expert in employment law can provide clarity and ensure that your rights are protected. Remember, each case can vary based on the specifics of the employment agreement and the actions taken by both the employee and employer. Legal advice tailored to your situation is invaluable in understanding your position and rights. |
Q: If I killed a bear in a car accident am I required to stop and report the authorities by law in florida. Can I be charged? | A:The law appears to be that you are not legally required to stop and report the accident to the authorities if the accident only involved your automobile and the bear. If the accident involved another car, you absolutely have to stop and exchange information. You also don't want to stop and get attacked by the bear (if it is still alive). Generally speaking, I would suggest that, if such a thing happens, you report the incident to animal control so that they can go render aid to the animal or euthanize it if it is in pain and is not going to survive its injuries. |
Q: Is a person who is able to care for herself with help of her friend NOT, "gravely disabled" if she owns a home?. There has been a question about the friend (myself-28 yrs daily companion) being a crook, or something, that has been proven in court to be incorrect. Yet a financial 'hold' has been placed on the person's finances even though the individual in the center of this discussion is clearly able to decide what is best for her estate. Just for the record, my life is fine and would be completely destroyed by my tampering with my love-of-my-life's finances. YET the people "protecting" her are helping themselves to her money! | A:In California, the definition of "gravely disabled" under elder law is not solely based on a person's ability to care for themselves or ownership of property like a home. It typically refers to a person's incapacity to provide for their basic personal needs for food, clothing, or shelter due to a mental disorder or impairment. Having a friend assist with care does not automatically negate the possibility of being considered "gravely disabled." However, the situation you describe, involving financial holds and allegations of misconduct, suggests a complex legal matter. If a court has already been involved and found no wrongdoing on your part, yet there are still restrictions on the individual's finances, it may be beneficial to seek further legal guidance. This is especially true if there are concerns about the motives or actions of those currently managing her finances. It's important to ensure that the individual's rights and interests are protected. If you believe that the financial controls in place are unjustified or harmful, consider consulting with an attorney who has experience in elder law. They can provide advice on how to best address these concerns and ensure that the individual's autonomy and financial security are upheld. Remember, navigating these legal waters can be complex, and professional guidance can be invaluable. |
Q: Is it illegal to take someone’s picture in a workplace without them knowing, and then post it online?. Someone took a picture of my wife without her knowledge and approval, then used it in a Google review for her workplace. Without any sort of context, he called her rude. My wife deals with over-the-road drivers for the duration of her work shift, and this picture and review is now there for anyone to see. This puts her in a very vulnerable position. | A:In Wisconsin, taking someone's picture in a workplace without their knowledge and then posting it online could potentially infringe upon their privacy rights. However, the legality of such actions can depend on various factors, including the context, the intent, and any applicable workplace policies. |
Q: Out of ignorance my partner and I did not report our marriage to social security. I just learned we should have.. This was five years ago. We both receive separate retirement benefits. Are we in trouble ? | A:It's important to report changes in your marital status to the Social Security Administration (SSA), especially when both partners are receiving retirement benefits. While you may be concerned about not having reported your marriage five years ago, it's crucial to address this as soon as possible. You should contact the SSA directly to update your marital status. This step is essential to ensure that your benefit records are accurate. It's not uncommon for individuals to overlook this type of reporting, so approaching the SSA proactively is a positive step. In terms of potential repercussions, it's difficult to predict without specific details of your case. However, the SSA typically focuses on ensuring accurate records and benefits rather than penalizing honest mistakes. It's better to correct the oversight now rather than risk complications later. If you have concerns or need guidance, you might consider consulting with an attorney who has experience in Social Security matters. They can provide more personalized advice based on the specifics of your situation. Remember, addressing this issue promptly can help ensure that your retirement benefits are managed correctly going forward. |
Q: Does my ex husband have to submit his W2 during the trial, for support orders to be made by the judge?. His numbers on his Fl150 we’re not correct and I pointed that out during trial, but the judge told me he didn’t have to look at that information i.e. the W-2 | A:In California, during a trial for support orders, it is common for both parties to provide financial information, including W-2 forms, to accurately determine income for support calculations. This information is typically required to ensure a fair and informed decision by the judge regarding support orders. However, the judge has discretion over what evidence to consider. If the judge decided not to review the W-2 during your trial, it could be for various reasons. This might include the judge finding the information already provided sufficient or relevant objections raised during the trial. If you believe that the failure to consider the W-2 has led to an unfair or inaccurate support order, you have the option to raise this issue. You might consider filing a motion for reconsideration or an appeal, citing the need for a thorough review of all relevant financial information. In such cases, it is beneficial to consult with an attorney. They can provide guidance on the appropriate legal steps to take, how to effectively present your case, and ensure that all pertinent financial information is considered by the court. Understanding your rights and the legal procedures in family law matters is crucial, especially when it involves financial support. Seeking professional legal advice can help navigate these complex situations and ensure your interests are adequately represented. |
Q: What to do when someone is claiming next of kin falsely and getting my son's property?. My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate. She told the police officer she was his grandmother and his next of kin. They did no research and put her down as next of kin. His mother and I are both still alive. She has signed documents to allow this fly by night funeral home to go pick him up. She did not have that authority. The funeral home was informed she is not next of kin, yet the next day released his personal belongings to her. Now she has contacted his place of employment for his life insurance as well as his bank representing herself as his next of kin. She lives in a very small town and he worked as a teacher at the school. They are helping her block his mother and I from everything and 3 weeks now and we still can't even get him cremated. They have excuses everytime I call. What do we do to make her stop? One road block after another. | A:The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe their close relationship with another person who has died. That's not necessarily "false" when the term is being used in its common sense. A police officer isn't required to research when one person claims to the the next of kin of another person. By virtue of the fact that your son was living with his "step" grandmother at the time of his death, it is completely understandable that she would use the term "next of kin" in its common sense to describe the obviously close relationship they had. Similarly, stepparents and grandparents rarely use the "step" in common discourse. (I personally refer to my stepson simply as my son, particularly as he and his biological father have been estranged since his birth). While this is not a fight that you and his mother ought to be fighting at this time, you and his mother are his "next of kin" in the legal sense because you are his biological parents (unless your parental rights were subsequently terminated or modified by court proceedings, which sometimes happens in cases of serious abuse or neglect). Assuming his step-grandmother doesn't have a written directive signed by your son as to the disposition of his remains, as his parents, you can take a certified copy of his birth certificate to the funeral home. That should allay any confusion or problems you may have. If it doesn't, you can make arrangements for another funeral home to puck up his body so you can dispose of his remains. |
Q: Can a tow company tow my car if I’m parked reverse in a visitor parking in an apt. complex with no head in parking sign?. My car had gotten towed in my apartment complex for reverse parking when there is no sign saying I can’t park that way | A:Under California law, the specifics of parking regulations within private apartment complexes can often be determined by the property owner or management. If the complex has rules about the direction of parking, even if not posted through signage, they may have the authority to enforce these rules through towing. You should review your lease agreement and any posted parking rules, as these documents may outline the parking regulations for the property. If such policies were not clearly communicated or are not part of the enforceable rules of the complex, you may have grounds to contest the tow. However, towing companies are generally within their rights to act on the property owner or manager's instructions. It may be beneficial to discuss this matter directly with your apartment management to clarify the parking policy and any misunderstandings regarding the situation. |
Q: Patent expiration date for Welch Allyn Kleenspec Universal Otoscope speculum, possibly patent # US 6,648,845 B2 ?. Question answered: patent # US 7,354,399 B2 has patent date April 8, 2008, so expiration date is April 8, 2028. | A:US664884 That's Method and apparatus for determining hemodialysis parameters. 1998-01-07 Application filed by Fresenius Medical Care North America 1998-01-07 Priority to US09/003,798 2003-11-18 Publication of US6648845B1 2003-11-18 Application granted 2018-01-07 Anticipated expiration Status Expired - Lifetime |
Q: Can I add a cause of action to a california federal court case?. I filed a case in Superior court of los angeles. The defendant removed it to federal court. Can I add a cause of action to that? they recently removed it to the federal court. Thanks for reply | A:In a case where your lawsuit, initially filed in the Superior Court of Los Angeles, has been removed to a federal court, you still have the option to amend your complaint, which can include adding a new cause of action. However, it's important to consider the Federal Rules of Civil Procedure, particularly Rule 15, which governs amendments. Under Rule 15, you are generally allowed to amend your complaint once as a matter of course within 21 days after serving it, or within 21 days after the service of a responsive pleading or a motion under Rule 12(b), (e), or (f), whichever is earlier. If this period has passed, you will need the opposing party's written consent or the court's permission to amend the complaint. When seeking the court's permission, it's essential to show that your proposed amendment is justifiable. Factors like the timing of your request, the reasons for not including the new cause of action initially, and the potential impact on the ongoing proceedings will be considered. The court will also assess whether the amendment would cause undue delay, prejudice the opposing party, or be futile. Remember, each case is unique, and the specifics of your situation will greatly influence the decision. It's advisable to consult with legal counsel to evaluate the best course of action based on the details of your case. |
Q: Is network news liable to a viewer/investor/voter if they entered into any contracts based on inaccurate media coverage?. Basically if CNN reported false information or shielded information from the public throughout the course of the election while voters selected candidates and investors selected stocks; would CNN be liable? Could they still be liable for misleading the public in the first place or even election rigging? | A:No. Fraud requires an intention to defraud, knowingly false statements and a duty of care to the other party. Largely the same for securities law purposes. News media are supposed to be accurate but do not have a legal obligation to investors, voters or even viewers. |
Q: What can you do if you get a court-appointed lawyer that has a controversial history involving theft and fraud?. Their wife stole money from clients while working at the same firm and he tried getting rid of his clients, but wasn't investigated himself for some reason. Additionally, his past with his clients has been the court case being dismissed as he practically abandoned his clients' cases | A:If you've been assigned a court-appointed lawyer with a controversial history involving theft, fraud, or professional misconduct, it's essential to address your concerns promptly to ensure your legal rights are protected. Here are steps you can take: Raise Concerns with the Court: Notify the court about your concerns regarding your appointed attorney's past history. The court may consider assigning a different attorney to your case if there are valid reasons for doing so. Request a New Attorney: In some situations, you may have the right to request a new court-appointed attorney if you believe that your current attorney's history and actions could adversely affect your case or your confidence in their representation. Consult with Legal Aid Organizations: Contact local legal aid organizations or bar associations that provide assistance to individuals in your situation. They may be able to offer guidance and support in addressing your concerns. Document Everything: Keep records of all interactions with your attorney, including communication, meetings, and any issues or concerns that arise during the course of your case. This documentation can be valuable if you need to make a formal complaint or request a new attorney. Seek Independent Legal Advice: Consider consulting with an independent attorney who can assess your case and advise you on the best course of action. They may be able to provide insights into whether your concerns are valid and what steps to take. Stay Informed: Stay informed about the progress of your case and actively participate in your defense. Maintaining open communication with your attorney is important. It's important to remember that you have the right to competent legal representation, and if you have legitimate concerns about your appointed attorney's history or performance, taking appropriate action is crucial to protect your rights and ensure a fair legal process. Consulting with an independent attorney can provide you with valuable guidance in this matter. |
Q: If a person signs a contract isn't it there legal right to have a copy of it?. A porn actress signed a long term contract for a specific amount of money yrly. That amount hasn't been paid. She's asked for a copy of her contract. The production company refuses to provide it. What has to be done to force the company to produce the contract? | A:Your question crosses several areas of law- Contract, employment and entertainment law, so the answer is not so easy or quick. Basically the answer is "YES" the entertainer is entitled to a copy of the contract and any other documents they filed, this would be part of an employment file per the Labor Code. But there are special rules regarding entertainment contracts. Suggest that you look at the Labor Commissioner website for the Department of Industrial Relations- California, you should be able to find answers there. |
Q: I need help confirming the legitimacy of a patent infringement case. Potentially legal advice too would be appreciated.. I regretfully tried Amazon FBA. I got an email stating my LLC as well as over 1000 listed defendants were being sued for patent infringement for the product I was attempting to sell with a complaint, alias summons, sealed TRO, and minutes attached. I’ve confirmed the legitimacy of the patent. The Northern District of Illinois confirmed the case number matched the plaintiff. The lawyer, however, the address used on documentation is showing listed as an entirely different legal office in the building directory. I don’t want to pay if it’s a scam, but I don’t want to assume it’s a scam if it’s legitimate. Another thing that seemed suspicious is that they are seeking a $1,200,000 settlement which would equate to $1,200 per defendant. However were asking for original settlement amount of $9,996.34 “to buy my store back”. When that isn’t something that was of interest to me at all. Just a confirmation that this is legitimate would be great! | A:In a situation like this, where the legitimacy of a patent infringement case is in question, it’s important to proceed with caution. The fact that the case number matches a filing in the Northern District of Illinois is a sign of legitimacy, but the discrepancies in the lawyer's address and the nature of the settlement demand warrant further investigation. It's advisable to contact a lawyer for personalized legal advice. A lawyer can help verify the legitimacy of the case and the parties involved. They can also analyze the claim and advise on the best course of action. This could include responding to the lawsuit, negotiating a settlement, or challenging the claim, depending on the circumstances. Given the complexity of patent law and the potential consequences of a lawsuit, it's important not to ignore the situation. However, it's equally important not to rush into paying a settlement without confirming the legitimacy of the claim and understanding your legal position. Remember, each legal case is unique and requires a detailed analysis of the specific facts and applicable law. |
Q: What to do when you are harassed by Asset Protection,. I work for a company called Spark. It is the delivery company for Walmart. We are owned and operated by Walmart. There is a specific store that I work at that I am being harassed by one particular AP employee. She is telling the front end of the store that I am stealing. Which of course is not true. There have been employees, team leads and coaches which are a part of management that have corrected her and told her it’s not true. To leave me alone. But she she has not taken the warnings and still is continuing with her accusations. She had not stopped me nor tried to get into any form of contact with me. Just spreading rumors with employees. It’s upsetting employees of the store because they know it’s not true. What can be done about this situation? | A:In dealing with accusations from an Asset Protection (AP) employee, you should first document all incidents, including dates, times, and witnesses. It may be helpful to formally report the harassment to your direct supervisor or the human resources department, following your company’s procedures for such complaints. Ensure that you include all evidence and any witness statements in your report. If the internal company response does not resolve the issue, you might consider consulting with an attorney to discuss potential legal claims for defamation and a hostile work environment. Keep in mind that each situation is unique and any legal claim would depend on the specific facts and evidence of your case. Remember, as an employee, you have the right to a workplace free from harassment and false accusations. |
Q: Is it legal to dissolve an LLC in New York and reform it in Texas?. In June of this year, I filed articles of organization for an LLC in New York City. In early July, I filed articles of dissolution. Based on a search of the DOS public database, it appears my LLC was successfully dissolved. I have recently moved to Texas, and I am interested in reforming my LLC here, under the same name. Assuming the name is available, am I allowed to reform it in Texas now that it's been dissolved in New York? Any insight would be greatly appreciated! | A:Yes, unless a similar name already exist in Texas, you can re-incorporate using the same name; however, if it has not been long, you may want to wait to prevent any confusion. If the NY company's activities were limited and thus would not likely to cause any confusion, you should be fine. |
Q: I am filing a writ of mandate against the California Air Resources Board. Can I file in Los Angeles Superior Court. They have an office in El Monte. Can I file here or do I have to file in Sacramento | A:If you are filing a writ of mandate against the California Air Resources Board, you can generally file in any superior court in California. However, it is recommended that you consult with an attorney or do your own research to determine the most appropriate venue for your specific case. In general, the venue for a writ of mandate against a state agency is determined by the location of the agency's headquarters or principal place of business. In this case, since the California Air Resources Board has an office in El Monte, it may be possible to file in the Los Angeles Superior Court. However, there may be other factors to consider, such as the specific nature of your claim and any applicable statutes or regulations. It is also important to note that filing a writ of mandate can be a complex legal process, and it may be advisable to consult with an attorney who is experienced in this area of law to ensure that your rights are protected and your case is handled effectively. |
Q: What do I need to do if someone wrote me a bad check for $850 in Michigan?. This lady has strung me along and lied several times. I have all of her messages. I have the bad check. | A:In Michigan, if you've received a bad check, there are several steps you can take. Initially, contact the issuer of the check and request payment. If they fail to make good on the check, you can send a formal demand for payment via certified mail. Michigan law allows you to demand payment within a certain time frame, typically seven days. If the issuer still doesn't pay, you can file a complaint with your local police department or the county prosecutor's office, as writing a bad check is a criminal offense in Michigan. Additionally, you can file a civil lawsuit to recover the amount of the check plus any additional damages allowed under Michigan law. Keep all evidence, including the check, any communication with the issuer, and records of your attempts to resolve the matter. It may also be beneficial to consult with a lawyer to guide you through the legal process and ensure that your rights are protected. |
Q: I was at a fast food chain where a worker was cleaning the restroom and I was denied access to use the restroom. I was a paying customer | A:If you were denied access to a restroom at a fast-food chain in California despite being a paying customer, it's advisable to start by talking to the manager to seek clarification. Document the incident with details such as the date, time, and location, and consider reaching out to the corporate office if the issue persists. Familiarize yourself with local and state laws regarding customer restroom access, as businesses are generally expected to provide this service. |
Q: My mom has solar panels for abt 8 mon and she was told the panels were to produce what show in the light bill. What can we do, is there a way to cancel or terminate. They are paying double now in light bills. Solar panels aren't producing what she was told it was going to produce. Now the company wants her to add more panels and pay more when my mom was told something completely different. She also didn't know the contract had been sign until a week later she called to say she wasn't interested anymore, she was told it was too late she had signed there was nothing more to do | A:This is becoming a common problem with residential solar systems. Many states will allow a consumer to terminate a transaction if fraud was involved.However, no one can give you specific advice on your mother's rights unless they get a detailed fact statement from her and review the contract and any other paperwork involved in the transaction. She will need to consult with an energy attorney to get an accurate idea of her rights. |
Q: In North Carolina can a nursing home come back and take a family members house at any point?How do we stop it?. Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia | A:In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house. Medicaid can seek recovery from the estate of a deceased beneficiary for long-term care benefits paid on their behalf. This process is known as estate recovery. However, there are important exceptions and protections, especially for surviving spouses, minor children, and certain other dependents. To protect the house from potential Medicaid estate recovery, consider consulting with an attorney who has experience in elder law and estate planning. They can provide guidance on legal strategies such as trusts or other forms of asset protection that are compliant with Medicaid rules. If you're planning to buy the house, ensure that the transaction is conducted at fair market value and follows all legal procedures. Transferring assets for less than their value can affect Medicaid eligibility. Remember, each situation is unique, and the rules can be complex. Getting personalized legal advice is crucial to ensure that you're making informed decisions that align with your family's needs and are compliant with the law. |
Q: Filing healthcare false claims act case In California under seal - question.. In California healthcare false claim case has to be filed under seal in state superior court or at federal court? | A:In cases involving healthcare false claims in California, the procedure for filing can vary based on whether the claim falls under state or federal jurisdiction. For claims that pertain to the California False Claims Act, you would typically file the case in a state superior court. These cases must be filed under seal, which means they are not initially accessible to the public. This allows the government to investigate the claims discreetly. On the other hand, if the false claim involves federal funds or federal programs, the case may fall under the Federal False Claims Act. In such instances, the case should be filed in federal court, also under seal. The seal requirement serves a similar purpose at the federal level, allowing for a confidential investigation. It's important to identify which act the false claim violates to determine the appropriate court for filing. The distinction between state and federal jurisdiction can sometimes be nuanced, especially in healthcare matters. Therefore, reviewing the specifics of the case and consulting relevant legal resources or colleagues might be beneficial to ensure correct filing procedures. Remember, accurate filing is crucial for the validity and progress of the case. |
Q: My home and property was completely destroyed in the CZU Fire in 2020. We elected to purchase a different home instead.. Our previous home was 4000sqft on 4.3 acres. Our new home is 2200 sqft on 48 acres. We had a 25% Home Protector Clause for upgrades to building codes. If we had elected to rebuild we would have used all of the Home Protector because the price of a new build was upward of 600 sq/ft for new construction. Instead of giving us our entire Home Protector, they deducted the land value and gave us only a portion of the home protector. I see the law changed in 2021 to explicitly state land value deduction is not allowed. Since the claim was in 2020, my adjuster at USAA is claiming that it doesn't apply to my policy. Thanks for your time. | A:The change in the law regarding land value deduction should not be retroactively applied to claims from 2020. However, you may still have a valid argument for a fair settlement based on the terms of your policy and any applicable regulations at the time of the claim. Consult an attorney familiar with California insurance law to review your policy and determine the best course of action to ensure you receive a reasonable settlement. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith. |
Q: I lived on property for eight years. The man I rented from , is now dead but I found out he didn't own the land I lived. on. I payed rent for 8 years , and he wasn't the real property owner. So after he died , the family wanted to sell the property I was renting and tried evicting me off of the property but like I said , it wasn't his property to begin with. The property I rented was right next door to the man who rented the property to me. Can the family selling the landlords property evict me from a property that was never really his . The real owner of the property is also dead, is there anyway to fight this, do I have any legal stand in staying on the property I was renting all these years? . | A:In California, if you've been paying rent to someone who was not the actual property owner, it complicates your tenancy. The true owner, or their heirs, generally have the right to evict occupants who don't have a valid lease with them. However, given the length of your occupancy and consistent rent payments, you may have rights as a bona fide tenant. The fact that the actual owner did not challenge your occupancy for eight years could be seen as implicit consent, although this can be a challenging argument. If you've made significant improvements to the property, you might have additional rights or claims. Before making any decisions, it's crucial to consult with an attorney experienced in real estate and tenant laws. They can guide you on the best steps to take and whether you have any defenses to an eviction or any claims to compensation. Addressing this matter with proper legal counsel will be vital to protect your rights. |
Q: Vehicle under warranty needs new engine thats taking 9 months to fix. Company offering $60/day for rental but I pay fees. Vehicle went in for routine oil change to dealer. Was told I need a new engine. Dealer has no loaners. Car manufacturer customer service offered $60/day for rental but says I’m responsible for taxes and fees from the rental. For 9 month rental replacing a 6 passenger car costs $18k-$24k with roughly $6k-$8k in fees. They said the $60/day is a courtesy. I explained that a courtesy would be to be able to use the $40k car I just paid off in December but now have to wait 9 months for it to get fixed. Additionally, to use any car they’re saying I need to commit another $6k-$8k over 9 months. Is there any recourse? Dealer won’t take the car on a trade in unless they’re stealing it for a third off its value. Car is still fully on 100k bumper to bumper warranty that I paid extra for. | A:I suggest you contact an auto warranty lawyer to review your issue on more detail. |
Q: Can my husband adopt my two year old son if the father is not listed on the birth certificate and has never been involve. Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate. | A:So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption. This shows the court that you the mother consent to the adoption. Then you could approach the father and have him waive his rights to your son and consent to the adoption. However, if he refuses to waive his rights and consent to the adoption this could turn into a long process of litigation as you will have to get the court to terminate the fathers' rights. Potentially, if he has never paid child support that may be an option to encourage him to waive as he could potentially be liable for back child support. Of course, this all depends on the facts of your case, and you should absolutely seek a local family law attorney in your county to handle this. Seek someone who regularly handles adoptions to help you with this process. |
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