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Showing content with the highest reputation since 04/20/2017 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. 1 point
    Previously practice in the courts in Northern Virginia for over thirty years. Practiced as a sole practitioner involving primarily: wills and estates; domestic relations; bankruptcy; personal injury; real estate litigation. Currently retired and living in Florida.
  20. 1 point
    There is no way to predict the outcome without being familiar with the sentencing judge's practices and policies. Any of the options you mentioned are possible.
  21. 1 point

    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.
  22. 1 point

    No will and probate

    That's silly. What people told you this? You can always do something, but it's been nine years. About the only realistic thing you can do is consult with a local attorney about the house that (presumably) still stands in your mother's name. The problem is that, under Iowa's intestate law (i.e., the law that says who gets what when someone dies without a will), your stepfather did inherit or should have inherited a one-half interest in the house and the greater of one half of the rest of your mother's estate or $50,000. You and your siblings should have split the balance of the estate (if anything). Therefore, at this point, the best you can hope for is that you and your siblings will co-own the home with your stepfather. No reason to believe that. Currently? Of course not. When he dies, his property will be divided in accordance with the terms of his will or Iowa intestate law. After so much time, it will be presumed that all of the contents of the house belong to him and, as mentioned above, he inherited or should inherit a one-half interest in the house. In the abstract, virtually anything is possible. See above, but it's probably now too late to do anything about anything other than the house. Even if he did this, and even if you could prove it so far after the fact, the statute of limitations likely has expired after so much time. You're free to inquire with the bank about its existence and status. I believe there's some sort of searchable database that you probably can find by googling, but after so much time, its entirely possible that any unclaimed proceeds have escheated to the state. Almost certainly not. No. You will have to seek to probate her estate or otherwise seek to have title put into your and your siblings' and your stepfather's names. If that happens, then each of you will have the right to possess the premises. No way to know unless you want to provide some relevant facts. You're right, and nothing's going to happen now unless you consult with a lawyer in the area where the house is located.
  23. 1 point

    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.
  24. 1 point
    Scratching my head over that one. You can be held in contempt if you don't pay the arrears that the court ordered and arrested. Isn't that the same as being arrested for not paying the arrears?
  25. 1 point

    911 please help

    In CA, even if the judge finds insufficient evidence at the prelim for some counts, the DA can still charge them in the information. The defense has to file a motion to set aside based upon the prelim magistrate's findings in order to get them kicked back off. If you are charged with a crime of violence, the DA can bring in evidence of prior offenses involving violence even if you weren't charge or convicted of anything based upon those prior acts. No one can force you to testify if you don't want to. Prison priors will increase the sentence as will prior strike convictions. I have no idea what else you're looking to find out. It would be more than highly unusual for a prelim transcript to be inaccurate....If there are problems, your attorney can address them with the court reporter.
  26. 1 point

    Sub Rosa

    If the video was taken in February or March and this is now September almost October, the carrier probably doesn't have multiple copies floating around. Even if it was edited, and I don't know how you could know that for certain, there's no guarantee that the alleged unedited copy still exists. You've raised this whole claim fairly recently, if I recall correctly. I'm sure they have a copy of what they sent you in your file but who knows if they kept the originals?
  27. 1 point

    Death of Spouse without a Will

    I think I interpreted "at which point" was when his father signed the POA. Reading it again I'm beginning to think otherwise. Either way, the son did bad and the stepmom has remedies available.
  28. 1 point
    They are concerned you may move out with an unpaid utility bill. It is not an unreasonable request.
  29. 1 point

    roommate eviction

    In any future posts, please use proper capitalization and pay better attention to punctuation. Doing so will make it easier to read and understand what you write. She's your subtenant, so yes. Whatever she and the landlord signed cannot trump your lease and your rights as a tenant. You would be well advised to contact a local attorney for advice and assistance.
  30. 1 point

    Possible Medical Malpractice?

    Wisconsin law allows a victim to bring a medical malpractice lawsuit within: Three years of the act, or failure to act, that resulted in the injury. One year of the date on which the injury was discovered or reasonably should have been discovered. The law allows the victim to use either one of the above standards, but not both. If these standards result in different deadlines then the standard which would apply is the one that provides the most time to the medical malpractice victim. Generally, a medical malpractice claim may not be filed more than five years after the act, or failure to act, that resulted in an injury—even if the medical malpractice injury was not discovered within that time.
  31. 1 point
    My guess is that a piece of debris got blown by the wind and hit it just right. That doesn't make sense. If that were true then any windshield installation would void the warranty. You've probably read my stuff in the past where I say car dealers are liars and thieves. The dealer wants to sell you a $394 windshield. Never believe anything from anybody who wants to sell you something. I suggest that you carefully read your warranty. Then call around to some of the independent windshield installers. I paid $160 last October for a windshield.
  32. 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.
  33. 1 point
    It is legal because there is no law that makes it illegal.
  34. 1 point

    What is sexting?

    Taken away by whom? What articles? Post a link to them. I suspect that there is more to the story than just shirtless kids on the beach. Take a look. Plenty of shirtless boys and the girls all wear tops. https://www.google.com/search?tbm=isch&source=hp&biw=1037&bih=642&ei=b5OcWtLlN5TijwOD_LVo&q=kids+on+the+beach&oq=kids+on+the+beach&gs_l=img.3..0l4j0i30k1j0i5i30k1j0i8i30k1l4.2468.6835.0.7817.
  35. 1 point

    Asking car insurance for refund

    In Virginia, the Bureau of Insurance is a division of the Virginia State Corporation Commission. https://www.scc.virginia.gov/boi/index.aspx On that basis, I think you're both saying the same thing.
  36. 1 point


    Yes. The police are not required by to investigate all criminal complaints. Nor does the law require prosecutors to prosecute all crimes that are brought to their attention. The police and prosecutors have the discretion to decide which cases to pursue. If the public does not like how they decide what cases to go after that is a political issue, not a legal one. With respect to child pornography charges against a web site, there are a number of factors that a prosecutor has to consider when deciding whether it will be a good case to pursue. For example, who is actually posting the material to the site? Is it the site operator itself or are others uploading the material to the site? If it is the site operator, does the operator know the material might be child porn and does the site have policies in place to help prevent posting child porn? Is there solid evidence the persons depicted were actually minors at the time the material was made? How old are the kids in the pictures/video? How frequently is the material appearing on the site and how long does it stay after someone brings the child porn to the attention of the site operator? Winning a child pornography case is not easy to do, the prosecutor has to build a solid case against a defendant that every element of the crime has been satisfied. If you want to pursue this, try also making a complaint to the FBI. Federal law also prohibits child porn. Perhaps the FBI might take a greater interest in it than your local police does.
  37. 1 point

    Breaking Solar Lease Agreement

    I know this because in 2015 i was trying to earn for living and was in it! Working for marketing company called ENVY marketing, in Glendale CA. We started selling for Solcius solar company. Not only i'm a witness i know the entire sales process. When I started figuring that it's all fraud, and I didn't get a dime compensation for... my mom advised me to change my career and after 1 month of working there I quit. And never got conpensated for any work... but I learned powerful sales techniques. So I don't regret being there... Officerripley didnt have to tell me the full story for me to know what kind of thing could have happened to him. Because majority solar companies practice similar marketing techniques and people get stuck with contracts... Only after I quit I realized this is a big problem causing industry.
  38. 1 point

    Breaking Solar Lease Agreement

    I used this site itself as a legal advisor and it's like having a free lawyer... ask further questions that you need to know and sharp members will reply with ideas...? Regarding what type of lawyer, imho we'll get the answer soon... did you join to their postings on truthinadvertising.org? writing out your concern will contribute to numbers and develop your story... Good luck!
  39. 1 point


    It would be unusual for the grocer's insurance company to contact you. Once the insurer or defendant is on notice thhat you have retained an attorney they will only correspond with the attorney. Something is not right there.
  40. 1 point
    It is clear that this is deeply affecting you. Somehow through all this, you must keep ignoring this person as much as you can. If she continues to bother you, you might want to consider reporting her to the police and get a restraining order against her. Of course, suing is another option for you. Florida harassment law refers to what’s named “cybertalk”. It regards a course of conduct to communicate through words, images or language through electronic communication causing substantial emotional distress to a person and serving no legitimate purpose. To prove credible threats against you, it’s essential to present any evidence related to the harassment. More than that, contacting an experienced lawyer can help you figure out the best possible legal actions that apply to your situation. Disclaimer: This answer is not a substitute for professional legal advice. This answer does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.
  41. 1 point

    School Shut Down??

    Depends upon the state. Most have statewide building codes which can be supplemented by local government. You can call the building inspectors office or fire marshalls office if you have a specific violation to enforce. They can't go ramdomly searching for violations, unless it is for an annual inspection. No, to be shut down it would have to be a serious violation that would make the property unsafe. otherwise they would be given a notice of violation and given an opportunity to remedy it.
  42. 1 point
    I don't know of any reason why the district attorney cannot have you indicted on the original charges if he be so advised. Moving the court to reduce the charges is not an acquital or determination of the validity of the original charges so double jeopardy does not apply. Ask your law school friend to provide you with some basis for his position and post it here so we can discuss it.
  43. 1 point
    Given the language of the statute that I quoted above and the EEOC regulations on the matter, I’m curious how you reach that conclusion. Under the regulations, a paternity test is explicitly defined as a “genetic test.” 29 CFR § 1635.3(f)(2)(vii). Genetic tests are part of “genetic information.” 29 CFR §1635.3(c)(1)(i). And a covered entity “means an employer, employing office, employment agency, labor organization, or joint labor-management committee.” 29 CFR § 1635.2(b). The regulation provides the following rule on acquiring genetic information: 29 CFR § 1635.8(a). So the employer, as a covered entity, may not request or require any genetic information, which includes a paternity test, of an employee or family member of an employee unless one of the exceptions in 29 CFR § 1635.8(b) is met. These exceptions are the following: (1) Where a covered entity inadvertently requests or requires genetic information of the individual or family member of the individual. (2) Where a covered entity offers health or genetic services, including such services offered as part of a voluntary wellness program. (3) Where the covered entity requests family medical history to comply with the certification provisions of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) or State or local family and medical leave laws, or pursuant to a policy (even in the absence of requirements of Federal, State, or local leave laws) that permits the use of leave to care for a sick family member and that requires all employees to provide information about the health condition of the family member to substantiate the need for leave. (4) Where the covered entity acquires genetic information from documents that are commercially and publicly available for review or purchase, including newspapers, magazines, periodicals, or books, or through electronic media, such as information communicated through television, movies, or the Internet, though some exceptions apply that do not allow the employer to obtain that information. (5) Where the covered entity acquires genetic information for use in the genetic monitoring of the biological effects of toxic substances in the workplace. In order for this exception to apply, the covered entity must provide written notice of the monitoring to the individual and the individual must be informed of the individual monitoring results. The covered entity may not retaliate or otherwise discriminate against an individual due to his or her refusal to participate in genetic monitoring that is not required by federal or state law. (6) Where an employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification and requests or requires genetic information of its employees, apprentices, or trainees, but only to the extent that the genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination and is maintained and disclosed in a manner consistent with such use. I don’t see any of those exceptions as even remotely applicable to this situation. But I would very much like to hear your argument to the contrary.
  44. 1 point


    It is not illegal to hire a child of a golf buddy. Fact is it isn't even nepotism. If you can't work it out with your boss or HR your only option is to seek a transfer or other employment.
  45. 1 point
    I will leave your question to tax counsel.. But it is fairly clear that if you deposit more than $10,000 cash, the bank will report the transaction to the IRS. I would advise you to get yourself divorced from the property in any event. If your brother is growing unlawful vegetation on property that belongs partially to you you may very well be facing arrest. If he is doing so and hands you $10,000 or more in cash from the profits that may put you away for a long time.
  46. 1 point

    Paying back for a Scam

    Whoa there. Putting aside the fact that anyone can sue anyone for anything, we have no information from which one could reasonably conclude that the OP's sister has any legal liability for this money. All we know is that the sister "received a phone call [while at work] that resulted in the store being scammed out of $2,300." That's a long way from legal liability. To the OP: Regardless of the details of this incident, it is absolutely correct that your sister can be fired because of this incident. Therefore, she has to weigh the value of keeping her job against having $50 taken out of each of the next 46 paychecks. If she objects, then she probably should make that clear to her employer and think about making a claim with the Virginia Department of Labor and Industry.
  47. 1 point
    If you are looking for a law or a legal concept that will force the workers comp commission to change your doctor, there isn't one. You either go with the doctor you were assigned, you hire a workers comp lawyer to act as your advocate or your pay for the surgery yourself.
  48. 1 point

    Living Trust

    Given that you have your aunt's POA, it may be advisable for you and your cousin to consult with a local attorney to ensure that your aunt's interests with respect to your uncle's estate are properly protected.
  49. 1 point
    You don't have that luxury. With your medical and physical debilitation that can be presumed to be caused by the day care, you are going to have to be the poster boy for the crusade against it. Did you get a copy of her application yet? You need to do that ASAP. There's no way to fight what she wants until you know what she wants and you won't know that without a copy of the application.
  50. 1 point
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