pg1067

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pg1067 last won the day on July 19

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About pg1067

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  1. As phrased, your question doesn't make sense. A statute of limitations is a law that says how long after commission of a crime the state has to initiate prosecution. In the case of minor traffic violations, prosecution is initiated by the issuance of the ticket.
  2. HIPAA, not "HIPPA." I don't know what you mean by "referring the doctors [sic] information." It appears that the board member told you that the "member of [y]our community" who applied for the job "was not able to do the job." Correct? If so, no, that's not a violation of HIPAA. In fact, it would not violate HIPAA to answer your question about why, but there's no good reason for her to engage in idle gossip any more than she already has.
  3. Let me guess...the one employee who is treated differently is the son of the company president or someone's nephew or something like that. Right? In any event, it is legal to treat employees different as long as the disparate treatment is not because of something like race, ethnicity, gender, religion, etc. Is it a good idea to let one employee be a slacker? No. It's bad business management. But that doesn't make it illegal.
  4. Trying to create some sort of list of legal rights would serve no useful purpose. What is it that you really want to know?
  5. "No returns" is the law unless the store has a policy that says otherwise or there is a contract that gives the customer the right to return. However, that default rule doesn't apply when there is a defect unless there is a contract of sale that expressly disclaims all applicable express and implied warranties. Have you considered using WD-40 or some other lubricant to get rid of the squeak?
  6. She did not set it up correctly to effectuate what you claim to have been her intent. Unless your brothers are willing to agree, she will have to sue the two of them. Either that or she might be able to go to the bank and transfer her interest to you. Of course, if she did that, then she would not no further legal interest in the CD.
  7. I take it that "the bill" to which you're referring is the electric bill. Correct? Anyone can sue anyone for anything, and it sounds like you agreed to stay through the end of the lease term in February 2018. If you breach that agreement, the court may indeed rule in your roommate's favor. Your roommate not paying his share of the electric bill does not likely justify you terminating the sublease.
  8. Adverse possession, no, because you apparently have not possessed the property. Rather, it seems that you've only used the property. However, you may be able to sue for a prescriptive easement. It'll probably cost you more to sue for it, and you'll get less, than if you pay the $15k to buy the property. That's not accurate. There is no requirement that the adverse possessor make any sort of "announcement" to the true owner. Rather, the adverse possession must only be open and notorious -- i.e., the true owner only need have constructive knowledge. One who claims title by adverse possession must prove by a preponderance of the evidence that he or she has been in actual, continuous, exclusive, notorious, and adverse possession under claim of ownership for the full 10-year statutory period." Schaneman v. Wright, 470 N.W.2d 566 (Neb. 1991).
  9. Bummer. Or...congratulations. Not sure which. Do you have a question for us?
  10. As to what? Unless you're talking about massive and very valuable rocks, I would think the path of least resistance would be the way to go. As far as the well, start by discussing the matter with your neighbor. If you work something out, hire a lawyer to properly document the agreement. If you can't work it out, then you'll want a lawyer to advise you.
  11. "Palimony" is essentially a breach of contract claim. The term was first coined about 40 years ago in connection with a lawsuit involving an actor named Lee Marvin. The California Supreme Court held that, if two non-married persons have an express contract whereby one has agreed to provide for the other financially, a court should enforce the agreement, as long as sex is not the only consideration for the agreement. A comment in the Wikipedia article to which I linked indicates that at least 24 states have rejected the concept of palimony, but there is no citation for that comment. Another Wikipedia article suggests that Kansas courts have not yet considered the issue. Options for what? I can't ascertain from your post whether or not you have a common law marriage. If you do, then you cannot force him to stay married, but you're entitled to an equitable division of marital property. If not, then you're simply a girlfriend and have no rights to your boyfriends property (nor he any rights to your property), and he can evict you from his home by giving you whatever notice is required under Kansas law, although it sounds like he'd be willing to give you as much time as you need.
  12. Convincing you to continue paying support does not require a hearing. I assume the hearing will be to reconsider the denial of the continuation. Without knowing any relevant facts beyond what you've told us, there's no way for anyone here to predict how things will turn out. I suggest you try and get in touch with a local family law attorney.
  13. Depends on the laws of your unidentified state, but lemon laws generally apply only to new cars. If the customer has investigated the history of the auto him/herself, then what's the issue? I have no idea what you're talking about here, but most used car sales are made on an "as is" basis.
  14. No way to opine intelligently about the legal effect of a document we have not read -- especially as it relates to an insurance claim we know nothing about. Quoting a couple sentences from a five page document and telling us that the quoted language "sums it up" doesn't really help. Sorry. One possible way to deal with this would be to ask to have language added that expressly carves out your insurance appeal.