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Showing content with the highest reputation since 12/02/2016 in all areas

  1. 3 points

    Diving Accident

    Sure it would have, but the question will be whether it was a reasonable option. I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do. And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water. Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned? Making the darn thing 8-feet deep would be far more likely to result in injury or death. I'll bottom line it: if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  2. 3 points
    Who did you call at your insurance company? I'll bet it was your agent (clueless). Any insurance person with half a brain should know that your deductible applies to damage to your property under Section I of your policy and does not apply to defending you against a lawsuit under your Section II Liability Coverage. Take out your policy papers and look for a toll free number for reporting claims. Call up and say "I am being sued. Please open a claim under my liability insurance." Then you'll be assigned a claim rep to whom you can forward the summons and complaint by fax or email. Once you get the claim rep's name and phone number, don't wait until he/she calls you. You call and keep following up. Claim reps handle hundreds of files and get 5 - 10 new ones every day. A lawsuit gets priority but he has to know about it to do something about it. Do this quickly as you typically don't have much time to file an answer.
  3. 2 points
    I read it that the landlord served the eviction summons 1 day after serving the non-pay termination notice, not 15 days after serving the non-pay termination notice. Eric, am I right about that? If so, you'll need to file an answer to the eviction complaint, moving for its dismissal as being premature. If you can't afford a lawyer I suggest you look for a local legal aid office or tenants' rights organization for help. Another way of getting the eviction dismissed is to pay the rent within the 14 days and bring proof of payment to the court if the LL doesn't voluntary dismiss the eviction.
  4. 2 points
    What does "automatically called" mean? Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"? Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  5. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  6. 2 points

    Same name usage in logo

    Those two entities have been at each other since 1984 according to the case decision that summarizes the history: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv07147/418541/44/ There are several other cases that involve the Polo Ralph Lauren Corporation. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=polo+ralph+lauren+corp&oq=polo You don't put your foot in a bear trap to see if the bear trap works. You already know that the use of "polo" in a clothing brand generates lawsuits. Do you think that PRL Corp won't hesitate to flatten you the minute your product hits the market? Figure out another way of naming your brand rather than a risky infringement.
  7. 2 points

    "applicable laws"

    Just for giggles I took out the phrase about easements and other interests and what is left does suggest that a lot may be subdivided if that subdivision complies with whatever county or city laws apply to subdividing lots. Next question: Is there anything anywhere in the CC&Rs requiring HOA approval for any modifications of a property?
  8. 2 points
    I want to thank you again for convincing me to call our insurance company again. They are handling the issue and so far we are extremely pleased! One of the attorneys came out to the house to take tons of photos and discuss the case. They filed a spectacular answer with a dozen defenses and requested a jury trial if the judge won't dismiss.
  9. 2 points


    Depends upon what the CC&Rs say, and we haven't read them.
  10. 2 points
    No. The judgment you would get would mean the defendant owes you some money. Since the lamdlord would not be a party to the suit, the court could not rule on the obligation between you and the landlord. Also, since you are thhe tenant, you are the responsible party regardless of any agreement between you and a third party.
  11. 2 points

    Rumors About My Health

    Presumably there have been other instances at work as one situation a few months ago would be long forgotten if that were it. Asking everyone to overlook and ignore your symptoms is unreasonable. Better to have some sort of polite but brief script when something happens. Most will understand if you explain you are under the care of a doctor but are still fully capable of working and would appreciate it if they would respect your privacy as you work toward a diagnosis and treatment.
  12. 2 points
    Have you already filed bankruptcy? If not (and even if you have) you should consult an attorney who can review the complete situation. Bankruptcy exemptions are (for the most part) matters of state law. Only a Wisconsin attorney who is familiar with Wisconsin law and the practices and procedures in your local bankruptcy court should be relied upon for advice.
  13. 2 points

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  14. 2 points


    Good question. But I think the "huge ass" part of the phrase refers to the size of the bowl. Like in "That's a huge ass Cadillac you're driving."
  15. 2 points

    HAVE to show I.D.?

    No. Read this: https://en.wikipedia.org/wiki/Stop_and_identify_statutes But how would you know what the officer suspects or doesn't suspect? Answer: You don't. You could resemble somebody who just robbed a store around the corner. You could end up on the ground with your face rubbing the pavement while you are being handcuffed and then you get to argue the officer's behavior in court long after the damage has been done. If an officer stops you while you are innocently just walking down the street, don't be one of those "I got rights" people. He may have a reason for asking you for ID that you don't know about and I don't see any harm in providing it and then being sent on your way if all is well. If your question is based on something that actually happened to you then give us the details so our comments might be helpful instead of meaninglessly speculative.
  16. 2 points


    Let's keep on track with the subject at hand, everyone. You can disagree without dwelling at length on the extent of your disagreement with each other. I've removed the 'extraneous' posts.
  17. 2 points


    Are you working now? Are you living on your own? Did a court grant guardianship of your daughter to your parents or was this an informal agreement? Your parents have raised your daughter, and understandably they have a bond with her and they will almost certainly fight your efforts to get your daughter back. You will need to demonstrate that you are able to provide for your daughter by establishing that you have a stable work history and housing arrangements. If you are working, you will have to have a plan in place for her care while you are working. I'm not sure why you are even mentioning having another child when it appears you can hardly care for yourself, let alone two children. You do need to retain an attorney for assistance with this. Check with Legal Aid or your State Bar's Lawyer Referral program. They should have a program that would allow you to meet with an attorney one time for no fee or a very nominal fee.
  18. 2 points
    Don't believe everything you see on the Internet, but believe this: In every state in the US, in matters of custody, child support, and parental rights, the court's paramount consideration is the best interest of the child. In the eyes of the law, it's considered in the child's interest to have two parents. For this reason the courts require a compelling reason to terminate one's parental rights and obligations, and will do so only under highly unusual circumstances. The two circumstances that come ready to mind are first, that another person is willing to step forward and assume all parental rights and responsibilities in place of the biological parent in a valid adoption procedure, and second, the biological parent, by his or her actions constitute a credible threat to the child's health and/or safety. You don't say anything about why your child's biological father's rights were terminated previously, or even how you know that statement to be true, so I can't comment on that. I can only say that based on the information you provide in your post, the odds of the court's granting termination of his rights and responsibilities with respect to your child, absent an adoption, are slim to none. As for his refusal (or inability) to pay child support owed to you, there are legal tools available to you to enforce collection. A local family law attorney can explain how New York's laws apply to your particular circumstances and help you get started with the process. Good luck!
  19. 2 points

    Executor vs Executor

    No will comes into play until it is admitted to probate by the court. If one will was admitted and then a later will is located, then the newly named executor would notify the existing executor as well as all the beneficiaries or potential beneficiaries by serving them with a copy of his petition to admit the second will to probate and be appointed executor. Until the court rules, the second executor has no power to do anything.
  20. 1 point
    What would possibly make you think this has anything to do with the Americans with Disabilities Act? Certainly your post provides no reason to think it has anything to do with it. If the company agreed in advance to pay the $150 in expenses associated with your interview and hasn't done so, you're free to sue in small claims court. You missed one -- in the second e-mail quoted in the original post.
  21. 1 point
    If you sued in the United States you might be able to get some compensation for your lost wages (however, the compensation would be at employment pay rates that prevail in your country). However, bringing suit in the United States is a very expensive proposition. You would have to appear in court and probably in the US for depositions. You would certainly need to be represented by an attorney and would not, under US rules, be entitled to recover your attorney's fee. To bring such a suit you would undoubtedly be asked to pay tens of thousands of dollars in advance to the attorney.
  22. 1 point

    No will and probate

    Well...I suspect your friends are not lawyers and have no working knowledge of the laws of Iowa or any other state. I'd be awfully curious to know why they think this might happen. Anyway... There are basically three ways that a piece of real property might "go to the state" after the owner of the property dies (maybe someone else will think of another that I'm not thinking of). The first involves failure to pay property taxes, but that's not limited to situations involving dead people, and the property doesn't really "go to the state." Rather, the property is auctioned off (typically by the county, not the state). The second involves situations in which a person dies and has no close relatives, in which case the property will escheat to the state. This happens only very rarely. The third involves a situation in which a person owes money to the state and the state sues, gets a judgment and enforces the judgment against the property. Again, this isn't limited to dead people and would involve an auction, so the property doesn't really "go to the state." This is also extremely uncommon.
  23. 1 point

    Rumors About My Health

    You can't logically expect people not notice or be concerned. Human nature is what it is, after all.
  24. 1 point

    Failure to accommodate disability

    Darlene, They have shots for that.
  25. 1 point

    2 part story.

    Sounds like you have a basis to argue that the other driver was negligent in failing to warn of his disabled vehicle. I did not find an Illinois statute requiring drivers to illuminate the hazards if their car becomes disabled, but I am not an Illinois attorney, so check with a local attorney. There is a statute, which doesn't apply, that requires oncoming vehicles to move over a lane, or greatly reduce speed if they come upon a disabled vehicle with its hazard lights illuminated. (Section 11-907.5 of the Illinois Vehicle Code). In Illinois, you can sue for up to $10k in Small Claims. Bring photos of the roadway as you approach the collision site, photos of the damage to your car, and estimates/receipts for repair and rental car. If you are injured, get medical treatment and consult with a local PI attorney.
  26. 1 point

    beneficiaries with bank

    Interesting, but I have to say that the notion of a lawyer serving as executor being a business transaction with the client seems like an awful stretch (especially since I'm not sure who the "client" would be). As a point of reference, I don't practice in a state that uses the ABA model rules, but I did look at the comments to Rule 1.8, and the only reference to executors suggests this is a case-by-case situation and that conflict waivers are only required in unusual circumstances. In the case of a will contest, I agree that the drafting lawyer could have relevant testimony. However, since the executor typically advocates for the will to remain in place, I don't see a conflict here. The other things you mentioned are extremely uncommon, and the first of which would virtually require that the court remove the lawyer as executor. Sounds like you and I have vastly different experiences when it comes to drafting lawyers being willing to serve as executor. As I previously mentioned, in my experience and knowledge, it's quite common.
  27. 1 point

    Hiring Felons

    Title VII of the Civil Rights Act is codified at 42 U.S.C. § 2000e et seq. In the act, term employer is defined as: 42 U.S.C. § 2000e(b)(underlining added). As you can see from what I underlined in the statute, the term employer only includes those those firms that have at least 15 employees. Since you have just 10 employees, you are not covered by Title VII and thus won't have a problem under federal law by adopting a policy of not hiring felons. Apparently the NJ “ban the box” law that prohibits employers from asking about criminal convictions and arrests on the employment application also only applies to employers with at least 15 employees.
  28. 1 point
  29. 1 point

    Court Misconduct

    You haven't shared a single supporting fact, just a rather bold and inflammatory accusation. Claiming an entire court and the attorneys who try cases in that court are corrupt is not only unlikely, but exceedingly difficult to prove. To be honest, it sounds like you were involved in a case of some kind and it didn't have the outcome you wanted. If you post what actually happened, we can better point you to your modes of recourse.
  30. 1 point


    You are, of course, free to give your brother a share of the estate equal to what he would have received had there been no will or your mother hadn't disinherited him (or any other amount you desire).
  31. 1 point
    When did he sell the car?
  32. 1 point

    Do I need to recant?

    Ok then.Well I don't think it was a bad idea to file a report.I mean,who knows,maybe .he really did drug,and then rape you,so that is something for Police to be able to look back on,in case,another woman files a report involving this same man. As far,as you recanting,on what you told Police at the time this happened,there wasn't any harm done,since the guy was never arrested,and there was no trial.So,I really think it's pointless to go back,and correct something,you now don't believe to be true,and really,if you were drugged on the night in question,I would say,there is enough doubt to question,whether or not,you were drugged,and raped by this guy. A Police report,is just that,a report to the police.It's not anything on this guy's record,so don't worry about that.
  33. 1 point
    Btw...Sorry for you loss,Mam.
  34. 1 point
    Whether you have insurance or not has nothing to do with whether the other driver is liable for the damage to your vehicle or whether the other driver's insurance will pay for the damage. It would only be important if Tennessee was a no-fault insurance state, which it is not. Your damages should be paid. The police do not determine who is at fault in automobile crashes. The penalty for driving without insurance in Tennessee appear to be severe, including a $300 fine, license suspension, registration suspension, and requirement to carry SR-22 insurance for the next three years.
  35. 1 point
    You can give it a try, but discovery in small claims court in Nevada is only by leave of court, so you'd have to file and then file a motion.
  36. 1 point

    my rights

    I am sure your advice, given seven years after the fact, will be very helpful to the poster. Note: dates of the postings appear in the posting.
  37. 1 point

    Road rage

    Hey bro,I'm not going assault you again with what I think,you've suffered enough from making that mistake Clearly,you must have felt a lot of fear,and wasn't thinking straight.
  38. 1 point

    Joint home owners dispute

    You didn't answer my question about what the hearing on 6/12 is for, but any movement regarding your ex-DIL buying out your husband's interest or vice versa certainly isn't going to happen while her bankruptcy is pending. Since you have an attorney, I'm not really sure what sort of input you're seeking here.
  39. 1 point

    Internet Law

    This was an ongoing argument between two individuals. Basically, it spilled over onto FaceBook and a video was posted when one of the guys (Guy A) stopped by the other guys house (Guy B ) to confront him about all of the lies and slander that he was posting. Guy A had tried everything possible to get guy B to stop posting slanderous posts. The police did not help, FB did not intervene even though it was reported, and no one could seem to offer any help to guy A. Finally, it blew up and guy A confronted guy B. Guy A did post the confrontation on FB and I assume that's where the simple assault charge comes into play. But, while waiting on the court date while out on bail, both are banned from ANY form of social media. The judge has said any violation, even opening the app, would cause a revocation of bond. Your thoughts?
  40. 1 point
    If you inherited the corporation then what got the step up in basis was the stock of the corporation that your father owned, not the property that was held by the corporation itself. So the apartment building would not have gotten a step up in basis. Moreover, that apartment building would have been subject to depreciation, with the result that the basis would be decreased by the amount of depreciation that was take or that could have been taken. So it is likely that the basis in this apartment building is pretty low. If the corporation sells the property, it will recognize the gain on the property. C-corporations do not get lower capital gains rates so the gain will be taxed at the same rate as the corporation’s ordinary income. If the company does not liquidate after the sale but does distribute the cash to the shareholders, the cash distribution will be treated as a divident to the shareholders to the extent of the corporations undistributed earnings and profits (which will include the gain from the sale of the apartment buidling). That dividend is included in the shareholder's ordinary income and thus taxed, too. So, the sale of the apartment building ends up getting taxed twice: first at the corporate level when the corpoation pays the tax on the gain from the sale of the property and then again when the sale proceeds get distributed to the shareholders. Liquidating the corporation after the sale will result in the corporation distributing the corporate assets to the shareholders. If you are the only shareholder then all the assets would get distributed to you. That would include the cash from the sale of the apartment building. Distributions in complete liquidiation of the corporation are treated not as dividend distributions but as an exchange in which the corporation gives the shareholders the corporate assets in exchange for the corporation’s stock. So, passing the cash you by liquidating the corporation would also result in tax paid by you, but the amount of the income is the value of the property you get from the corporation less the basis you have in the stock. As your stock basis was stepped up when your father died, that may give you lower amount of income than if the cash was paid out as a dividend. There is another advantage to that, too, because it would be a long term capital gain taxed at lower rates than a divided distribution. By the way, the same result would occur if the corporation were to liquidate first and pass the apartment building up to you and then you sold it: the corporation would recognize the gain on the apartment building and you would recognize the gain on the stock you have in the corporation. Reinvesting the proceeds of the sale will not help you avoid or defer any of the tax on the sale. However, if you are wanting to invest in some other piece of commercial real estate, you can defer some or all the gain by doing an exchange under Internal Revenue Code (IRC) section 1031, which is often called a “like-kind exchange.” The rules to make this work are very detailed and if you mess it up you end up recognizing all the gain. So if you want to do this, you will want to see a tax attorney experienced in these sorts of exchanges. I recommend you see a tax attorney anyway for assistance with this given the large amount involved. The details of the corporation’s tax history as well as your basis in the stock and what tax history you have will be very important in figuring out the best way to do the sale to keep the taxes down. For example, it matters if you have any unused capital losses, what the basis of the apartment building is and what your basis in the stock is. It also matters what your goals are and what your timeline is for selling.
  41. 1 point
    So, you don't want to pay an attorney to review the documents including the context of the portion you are concerned about and the law of your state as it relates to the documents, but you are asking the strangers on the internet to do the same thing for free, and you haven't even told them what state you are in?
  42. 1 point
    If I were about to realize a capital gain of $600,000 I would not be asking strangers on the internet for tax advice. For example, you mentioned stepped up basis as a possibility. But, if the property is owned by a C corporation it is not clear that would be available due to your father's death. You really need to consult a tax attorney or CPA who can go over the whole situation.
  43. 1 point
    That's an easy question to answer. Until you get this resolved, she goes home or goes to jail.
  44. 1 point

    Are we the owners?

    No. Since your grandmother did not own the property at the time of her death, any portion of her will that purported to pass the property to someone else is/was unenforceable/meaningless. Nothing in your post suggests that either you or any of your grandmothers living childre have any legal interest in the property. It would be helpful if you answered a few questions: When your grandmother deeded the home to your mother, was it to your mother alone? Or was it jointly with your stepfather? How was title vested? In other words, did it say something like, "Mary Smith grants [description of property] to Susan Smith-Jones, a married woman"? Or, ". . . to Susan Smith-Jones, as her sole and separate property"? You wrote that you, your sisters, and your stepfather "are [your mother's] heirs." What exactly do you mean by that? Did your mother have a will? If so, can you give a general description of how the will disposed of her estate? You wrote that your "stepfather never included the property . . . in her estate." What did you mean by that?
  45. 1 point

    interstate corrections compact

    So, my husband is an inmate in a facility in Indiana. We lived in Iowa when he was sentenced and we would somehow like to get him transferred to a facility here in Iowa so we are closer to him and can be more supportive. We have 3 kids and want him in the kids life as much as possible and it's hard to travel to Indiana every few months to visit. Does anyone know anything about Interstate Corrections Compact? I have done lots of research and I can only seem to find information on transferring states once you are on parole or probation. Help would be greatly appreciated. Thank you.i
  46. 1 point

    New Lawyer

    You're free to hire a new lawyer at any time. Once you find a new lawyer you like, he/she will make appropriate arrangements with your current attorney and the court to substitute in place of the current attorney.
  47. 1 point

    $500 Parking Ticket!!!! - MD

    My Apologies! On the ticket the statute number is: 12-3-102(c)(8) - "Parking-In a space/zone marked for disabled person w/o special plate/placard"
  48. 1 point

    Need your suggestions please

    No. The resort is not liable for your loss of balance and subsequent injury. Though I'm sure that there are attorneys out there who will take your case on a contingency and rattle some cages in the hope of getting you some go-away money. Just don't county on anything happening anytime soon.
  49. 1 point

    financial fraud of family member

    What is your father's mental competency? Does he have her telephone number? Did he pay her by cash or by check? How do you expect to file charges against someone when you don't even know her name? Get his mental competency tested or perhaps consider getting a conservatorship to put someone else in charge of his finances if he can't do it himself, or else it will continue to happen. When and if you do find out her name, get a background check done on her to find out what her criminal history is.
  50. 1 point
    Proof of what? This is perhaps one of the dumbest conclusions that you've made thus far. ...and your point is what? By the way, in case you missed it, the law of every state requires that the operator of a motor vehicle who drives on public roads must be appropriately licensed in order to do so legally. No matter what garbled, unreliable, out-of-context statement that you have posted or continue to post, you always fall short of providing any logical arguments to the contrary. Anyone can find the s**t that you spew by conducting half-assed web searches. Your problem is that you are ignorant to the notion of finding objectively reliable resources that support your position and are actually on-point. Otherwise, you'd have proven all of us wrong by now.
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