Jump to content

Leaderboard


Popular Content

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

  1. 3 points
    pg1067

    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
    RetiredinVA

    Treasurer time up

    If the Board of Directors were to pass a resolution firing the treasurer and appointing a new treasurer, and the president were to provide a certified true copy of the resolution to the bank, I think it would be highly likely the bank would shut down access to the account by the old treasurer immediately.
  4. 2 points
    adjusterjack

    Death With Dignity Law

    When I first got my hearing aids I was amazed at the sound of my feet on gravel, the sound of the wind, and peeing sounded like Niagara Falls.
  5. 2 points
    adjusterjack

    Death With Dignity Law

    Buy her a book: Stephen Hawking: A Biography https://www.amazon.com/Stephen-Hawking-Biography-Kristine-Larsen/dp/1591025745 Might inspire her.
  6. 2 points
    That surprised me since civil forfeiture has been in existence in GA with regard to drugs for years. The legislature amended the code effective in 2015 to add a statute under the civil code (Title 9, Chapter 16). It got a lot of online coverage at the time. It may be in civil code but the forfeiture is tied directly to your criminal case....
  7. 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.
  8. 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).
  9. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  10. 2 points
    adjusterjack

    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.
  11. 2 points
    adjusterjack

    "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?
  12. 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.
  13. 2 points
    doucar

    Mowing

    Depends upon what the CC&Rs say, and we haven't read them.
  14. 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.
  15. 2 points
    ElleMD

    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.
  16. 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.
  17. 2 points
    NoReason

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  18. 2 points
    adjusterjack

    Tips

    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."
  19. 2 points
    adjusterjack

    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.
  20. 2 points
    FindLaw_JY

    Blackmail

    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.
  21. 2 points
    rockmehardplace

    I NEED ANSWERS ASAP

    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.
  22. 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!
  23. 2 points
    doucar

    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.
  24. 1 point
    adjusterjack

    Ted Bundy

    You make a good point. Public perception can result in bias. One can only hope that the prosecution does its job right and that the evidence is sufficient enough to convict (or acquit) in spite of any jury bias.
  25. 1 point
    pg1067

    How do I adopt?

    Did you really resurrect a year and a half old thread for the sole purpose of posting a bunch of grammatically incoherent blather?
  26. 1 point
    adjusterjack

    6500 motions

    Figuring an hour each, comes to about 271 days.
  27. 1 point
    MiddlePart

    LandLord filed Chapter 13

    You may want to consult with a lawyer that handles bankruptcy cases, as this situation can be a little complicated. 'Rejection' of a contract, in the context of a bankruptcy, refers to a bankruptcy debtor's ability to terminate an ongoing contract to which the debtor is a party merely by making an appropriate filing in the bankruptcy case. The idea is that it gets the debtor out from under the obligations of a contract that the debtor believes is too expensive or otherwise burdensome to continue to perform, which is part of the bankruptcy law's goal of giving the debtor a "fresh start." There are some special rules in the bankruptcy code around what happens when a landlord is the debtor and decides to reject a lease. Bankruptcy Code Section 365(h). In that circumstance, a tenant has 2 basic choices - (1) treat the lease as terminated, vacate the property, and assert a rejection damages claim against the debtor in the bankruptcy case, or (2) retain its lease rights in the property for the remainder of the lease term, including the right to remain in possession of the property, and continue to pay rent. In the second scenario, the tenant has some rights to offset the rent with the costs of doing what the landlord is not doing (for example, if the landlord fails to maintain the property), but the tenant can't file a rejection damages claim in the bankruptcy case. But there are some important details to all this, including verifying that the landlord has actually undertaken the steps required to formally reject the lease. It requires more than just the landlord telling you that she has rejected the lease. A bankruptcy lawyer can assist you with working through your options.
  28. 1 point
    Tax_Counsel

    Suing a Board Member Personally

    Just based on what you have said here you could not successfully sue the board of directors personally over this. The board members have no individual duty to you nor are they acting in an individual capacity when rejecting you planned construction. It is the HOA as an entity that approves or denies those applications, and it would be the HOA that you would need to sue. A small claims lawsuit wouldn't be helpful to you in many states (and I did not see where you posted the state) because in many states you can only sue for money damages and so far you've not suffered any monetary loss here. e.g. the HOA hasn't fined you, hasn't taken action to prevent you from building, etc. It has just rejected your request and threatened to fine you at some point in the future. You of course don't want to build out a 2100 sq foot house if the HOA might prevail and insist that it has to be 2400 sq feet. One way to deal with that would be to sue the HOA for a declaratory judgment in which the court rules in advance whether the HOA can deny your application for the 2100 sq foot house. But that typically cannot be done in small claims court. That also costs money, of course, to litigate that. Whether you might get the attorney's back if you win depends on what state you are in and what the covenants that govern your HOA say. Another other option is to rely on your attorney's assertion that if the HOA comes after you once the place is built that the HOA would fail. But if the lawyer does turn out be wrong, that might prove costly to you too. Finally, as you mentioned, you might just cut your losses, sell the lot, and move on. These kinds of issues are exactly why I avoid buying a home subject to a HOA. HOA boards can be (and seemingly often are) made up of unreasonable and controlling types who want to make everyone in the HOA have a home exactly they way the board members want and don't appreciate that not everyone wants the same thing.
  29. 1 point
    pg1067

    Nanny quit now is taking me to court

    This is small claims territory. Involving a lawyer would be a terrible idea (and taking money out of your 401(k) for a lawyer would be an even worse idea -- especially when that same money could be used to pay what you owe). Until you've paid this person for time worked, you're susceptible of being sued. The sooner you pay what you owe, the sooner you can put this behind you.
  30. 1 point
    cbg

    retaliation after reporting abribe attempt

    It depends on what you mean by "compensation". If by compensation you mean lost wages, maybe. If by compensation you mean a big judgement against the company with penalties for them and a windfall for you, no.
  31. 1 point
    Not rocket science, no. Which means it should be clear to you that the situation in the Tumey case is vastly different from the arbitration situation you present. It is (1) a criminal case in which (2) the judicial officer got compensated more for finding for against the defendant, making for a direct conflict of of interest and providing incentive to rule against defendants, denying them a fair trial. Arbitration is a civil proceeding and the problem about which you complain is not one in which the deal is that the arbiter gets paid more for ruling for the business instead of the consumer. The arbiter gets paid the same either way he or she rules in that case. The fear you raise is more indirect than in the Tumey case: the fear by the arbiter that if he or she rules too often against the arbiter that the business will look to someone else for future arbitration. While I agree that's a potential problem, it does not provide the same kind of incentive that was present in Tumey. And, of course, the considerations are quite different in a criminal versus civil setting. While I agree that more should be done to deal with the problem you mention in the situation where a consumer is arbitrating with a large business who selects the arbitration firm, your solution of simply banning all arbitrations is tossing out the baby with the bath water. There are a lot of arbitrations that do not result in the problem that concerns you, and there is no reason to ban those just to fix the consumer vs big business situation.
  32. 1 point
    ElleMD

    Eating in Grocery Stores

    If the teen took something that was not theirs and they did not pay for, yes, it is illegal and may be considered shoplifting. If the item is sold by that store, the presumption is that it belonged to that store and some random person didn't bring it in and it was stolen from that person. Either way, it did not belong to the preteen. If this is your preteen, you really need to have a talk with them about eating food from an unknown origin. This should be obvious by their age, but alas, does not seem to be the case. Not taking things they have not paid for or have been express permission to have is also long overdue.
  33. 1 point
    Tax_Counsel

    Patient Dismissal

    That would depend on the applicable state law and state medical practice rules, and you did not mention the state. In every state I've practiced a doctor may terminate the relationship at any time, even in the middle of treatment, but does have to ensure that the patient has prescriptions necessary to last 30 days so as to give the patient time to transition to a new doctor.
  34. 1 point
    cbg

    Unsafe working environment

    I am an HR professional also and I didn't bother trying to read your post because a single huge block of text with no white space and minimally punctuated is too hard to read. When you are asking for free advice from volunteers it behooves you to make it possible for them to read your question. I'd rather put my time into answering questions I don't have to ruin my eyes to finish.
  35. 1 point
    No. They still have to have some lawsuit in court in which those medical records are relevant to get a subpoena for the records. Either the HR people/managers you've been talking to do not understand what it takes to get a subpoena or they are bluffing to try to get you to give consent to get the records. Of course, the company could just fire you for refusing to provide the consent unless you are member of a union that has a collective bargaining agreement (CBA) with the company and that CBA would not allow for termination on that ground. So if you are one of the union members of UPS you may want to talk to your union reps about that to see what risk you may have of termination.
  36. 1 point
    pg1067

    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.
  37. 1 point
    A court can enter an order of default if the defendant does not answer the complaint or fails to appear at a required court hearing. An order of default is, in effect, a determination that the defendant is liable to the plaintiff. It does not finally establish how much the defendant owes to the plaintiff, however. Once an order of default has been issued, the plaintiff can then file papers to obtain a default judgment, which will be a determination of how much the defendant owes to the plaintiff. The paperwork that accompanied the order of default should indicate the deadline. If not, consult with a lawyer in New Jersey ASAP -- the times for moving to vacate orders of default can be short. In my home state, a defendant has 30 days after entry of an order of default to file a motion to vacate it. If the order of default is not vacated, the defendant can still fight the default judgment and challenge how much is owed. But the plaintiff can use a simplified procedure for this where the amount claimed is a definite amount (or is a readily calculable amount). From your description of the history of the dispute, it seems like that route would be available to the plaintiff in your matter.
  38. 1 point
    "Sharing" an attorney is possible in some situations, but it creates the potential for a conflict of interest. I can't speak to DC law, but I believe there are some states in which "sharing" an attorney for purposes of a prenup would not be possible because the attorney's work in furtherance of A's interests would be contrary to B's interests. Even if it's not impermissible under the ethical rules, I think most attorneys would decline a joint representation. Moreover, where one party has significantly greater bargaining power, using the same attorney might be viewed as coercive such that the prenup is adjudicated in valid.
  39. 1 point
    Tax_Counsel

    Phone Bots

    That would be true for taxpayers who are not self-employed and who are not dependents of another taxpayer. But the income required to file a return drops significantly if you are either self-employed or are the dependent of another taxpayer. This activity would be income from self-employment and thus he would need to file a return if his net income from self employment exceeded $400 for the YEAR even if his gross income was below $10,400. This low income for triggering the requirement to file is due to the need to pay self employment tax (Social Security and Medicare taxes). The post also suggests the friend is living at home and may be a dependent of his parents. The gross income required to file for a dependent is also less than $10,400. Bottom line here is that if he’s making more than $400 a year from this activity, he will have to file a federal income tax return regardless of what other income he has. And, if he has enough other income to be required to file a return, then he must include all his income from this activity even if it is less than $400 for the year.
  40. 1 point
    Hopefully you have kept good records of your efforts to have the landlord take care of the problem. If not, suggest giving the landlord one last chance, in writing, to fix the problem. If you don't get satisfaction, it may make some practical sense to call an exterminator yourself, and then pass the exterminator's bill to the landlord. There is a risk that the landlord won't reimburse you, and you would then have the option of suing the landlord for the cost of the exterminator service. Connecticut also has some procedures by which a tenant can withhold rent, or get a court order requiring the landlord to fix problems, if the property is unfit and uninhabitable. This site may be useful as a starting point in that effort. https://ctlawhelp.org/tenants-rights-repairs-using-housing-code-enforcement-law
  41. 1 point
    Hi, I was terminated from the biggest retail company in the world 2 months ago. I was put on a documented coaching first. The documented coaching was filled with inaccurate dates of conversations (I was off) and the claims are not supported by details. All that being said, I have many people that are willing to provide affidavits around the inaccuracies. Also, I have tons of emails, screenshots, etc that disprove the claims in the DC. During the DC process, I was being rated on misinformation they chose to support their claims. HERE IS MORE critical information. My immediate manager has bullied me and created a hostile work environment for my entire time with them. Over the years, I had escalated to his boss, sharing my anxiety, stress and departed soon around how he was treating me. I’ve documented throughout the years moments in which I express my anxiety and stress. At no Point did His boss partner me with employee relations or put me on a different team or send him or I to a different store. Our manager kept us working together and allowed my anxiety, Stress and depression to grow. Last year during a time when he was really bulying me, I partnered with a counselor in order to overcome some of my anxiety and pain. After several visits with my counselor and answering many questions, he suggested I partner with EEOC. I did not, and hoped things would get better. My performance and my teams performance has always been great and has lead the market in many areas. However the environment they kept me working in was not conducive to supporting me and providing a harassment free environment to grow. This year when they started the documented coaching I felt the anxiety stress and depression reaching new heights. This led me to partner with my doctor, a psychiatrist, my counselor, and the need for antidepressant medications this year. Prior to my experience over the last couple years I have never had any signs of anxiety stress or depression or the need for medications. My counselor again reminding me of what he told me a year prior around partnering with EEOC for protection. However this continued treatment warranted me to seek additional help which led to a leave of absence for several weeks. When I returned a couple weeks later we finish the documented coaching and they said I was not meeting expectations and said I was terminated. However I have documentation over the 2 1/2 years that show the high performance of myself and my immediate team that cannot be disputed, I have a timetable of dates that show that I have reached out to express my concerns around my anxiety and stress and the bullying behavior from my immediate boss, and I have given the company the benefit of the doubt in order to improve my working environment and protect my rights to not be harassed or bullied and they have gone unanswered. I also have proof that they were picking winners and losers utilizing nepotism and bias to hurt some and benefit others. In fact, my supervisor has broken company policy multiple times one of which he created a false document which should have led to his immediate termination, but he was protected for his continued bullying of me. Here are are the highlights: - harassed and bullied for years with proof. - Documented coaching can be disproven by me, others and supportive documentation. - during the documented coaching I was given false reasons as to why I was not achieving expectations. All of this can be disproven by other senior managers other managers other leads and other employees that will support all of my claims and disprove their claims. I know now I have a lot of information, but feel I have an all the evidence needed to show I was being harassed, my request for support around the harassment went unanswered and my continued treatment was hostile, based on biases and misinformation. I have so many people that are willing to support my facts. Thanks.
  42. 1 point
    iamthetruth

    DEA Investigation

    I recently discovered that I am the subject of an investigation with the DEA, all due to an informant lying on me. I have two questions. First, is there any way that I can get some type of legal help to stop this bogus investigation which has totally damaged my reputation, stripped me of my privacy, and violated my Constitutional Rights? Also, is there any way that I can attempt to take legal action against the informants that are responsible for intentionally giving the federal authorities false information about me which lead to this investigation? Please help. Thank you kindly
  43. 1 point
    You need to open probate under intestacy and apply to be appointed representative of the estate. If you do get appointed, your court papers will be your legal authority to take care of your friend's remains and take care of his belongings. If you can't get appointed, then it's out of your hands and the county will handle it and the landlord will eventually enter the apartment and dispose of everything. Sorry, but that's how it works. Here's a link to the Franklin County probate court where you might find forms and instructions: http://probate.franklincountyohio.gov/
  44. 1 point
    Lockbox1

    Anticipated Child Custody Case

    Legalwriterone hit the nail on the head - once a judicial custody order is made, another court will generally not disturb it unless there is a change of circumstances. So, it's not impossible that you couldn't modify custody, but it would be an uphill battle. If there is no joint custody in Brazil, why don't you petition for sole custody - then allow the children to visit their father?
  45. 1 point
    Tax_Counsel

    Slander Claim, Federal Court

    The rule in federal court is that two different claims against the same defendant can be joined together but if the two claims are unrelated then the federal court must have federal jurisdiction over each claim separately in order to hear each of them. See Federal Rule of Civil Procedure (FRCP) 18 and Hurn v. Oursler, 289 U.S. 238, 53 S. Ct. 586, 77 L. Ed. 1148 (1933). Your slander claim is a state law claim that is not related to the Title VII federal discrimination claim. That means that in order to join the state law claim to the Title VII case you must meet the requirements for diversity jurisdiction. The requirements for federal diversity jurisdiction are set out in 28 U.S.C. § 1332 as follows: “(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between-- (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.” As you are suing a union, you and the union must be citizens of different states for you to meet diversity jurisdiction. Most unions are organized as corporations. The rule for a Corporation is that it is considered a citizen of every state in which it is organized and in the state where it has its principal offices. 28 U.S.C. § 1332(c)(1). So even though the union has no offices within the state, if it is incorporated in NJ then you would not meet the requirements for diversity jurisdiction because you and the union would be citizens of the same state. The other main requirement for diversity jurisdiction is that you must be able to state that the damages in your slander claim exceed $75,000. You have not indicated that you have suffered any amount of financial loss from the alleged defamation, let alone that it exceeds $75,000. From the description of your slander claim, I do not think you could plausibly claim that it is worth more than $75,000. Unless you can point to real damages from the slander that total more than $75,000, you will not meet diversity jurisdiction and in that case you would have to bring the slander claim in a separate state court lawsuit.
  46. 1 point
    doucar

    Crazy custody battle/Clark county nevada

    1. Does Nye county possess jurisdiction currently over my children as he has relocated them? The law states 6 months of residency for children but it says that in reference to states as opposed to county's. Yes since the children are there, at least until the hearing. 2. Assuming Nye county does not possess any sort of jurisdiction, temporary, emergency or otherwise, what do I need to file to show them that they have no bearing here? N/A 3. With the possibility of Nye County having no authority, could I be arrested for calling my children anyway? I haven't just in case and it's been the most excruciating difficult thing I've ever had to restrain myself from. N/A The restraining order is valid until a court says it is not. 4. I've requested our oldest daughter be included in the documentation. Is there any specific document I should be filing? Seeing now what he is capable of he will use her as a weapon and I am not ok with that. Legally she is not your daughter and is not legally part of the divorce proceeding. You would need to file a separate petition for visitation with her. 5. How do I request he provide proof of his claims? I'm appalled that he acquired the restraining order without needing to prove any of his accusations. That is what the hearing if for in Nye County. 6. How do I address the truancy issue with Clark county school district? If they are enrolled in Nye county, they are not truant. You need an attorney yesterday.
  47. 1 point
    pg1067

    Unhappy Landlord

    I'm not quite sure what sort of response you're seeking, but nothing in your post indicates any cause to evict the tenant before the expiration of the lease. Note that you didn't identify the state where the property is located, and that might make some difference in terms of the applicable law. Whether or not you continue with this tenant after expiration of the current lease term is a business decision for you to make.
  48. 1 point
    I would have stated my issue as a question , but as I have clearly seen time and time again, lawyers seem to be "backed into a corner" on the issue, thereby making it the victims problem. Is this not an appropriate place to find people over the same barrel?
  49. 1 point
    LegalwriterOne

    Statute of limitations in CT

    Sexual assault covers a whole range of behavior. It is not just one crime, but many type of a crime. By law, there is no statute of limitations for Class A felonies (CGS § 54-193). The following Class A felonies involve child sexual abuse or related actions, and can be prosecuted at any time: 1. first-degree sexual assault when force or the threat of force is used and the victim is under age 16 (CGS § 53a-70(a)(1)); 2. first-degree sexual assault with a victim under age 13 when the offender is more than two years older (CGS § 53a-70(a)(2)); 3. first-degree aggravated sexual assault when the victim is under age 16 (CGS § 53a-70a); 4. aggravated sexual assault of a minor (CGS § 53a-70c); and 5. employing a minor in an obscene performance (CGS § 53a-196a). Otherwise, the statute of limitations for childhood sexual abuse is generally 30 years after the victim reaches age 18, or up to five years from the date he or she notifies the police or a prosecutor of the crime, whichever is earlier. In cases of second-degree sexual assault where the victim is at least age 13 but under 16 and the offender is more than three years older, the case must be prosecuted within five years after the crime was committed (CGS § 54-193a).
  50. 1 point
    I am not sure what state legalhelp 2014 is in but I can tell you that in OK its is possible to just go file for guardianship and get it. I know of numerous cases including my own. All based on lies, bribery and in my case, the grandmothers friendship with the judge. None of my case makes sense to anyone. They had no proof of any of the allegations. And yet my adopted mother has had 2 of my children since Oct and the other 2 since Jan. My 2yr old daughter doesn't even know us anymore. My husband saw them in the store and she shied away like she didn't know who he was. She was a total Daddys girl before this. We have had numerous people tell police, judge, attorney and dhs that all the allegations are lies. Definitely frustrating. Innocent until proven guilty is a joke. They have no proof, we have lots of witnesses and records to support our case and all we can get is 30 min time blocks in court to try to do the findings hearings. Meanwhile I am missing out on my childrens lives.
×
×
  • Create New...