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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
    Unless, of course, the will of the voters is unconstitutional and then he will fight for it.
  20. 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.
  21. 1 point

    2 years later

    If that's the case, then why would the lease say this: ??? It's not illegal. Your options are to pay or not to pay. But here's a question: if your understanding was "that there was nothing gas in the house," then you presumably did not use any gas appliances (e.g., heater, stove, oven, gas clothes dryer). Right? Or if you did use such things, where did you think the gas was coming from? A statute of limitations is a law that says how long after accrual of a cause of action a plaintiff has to file a lawsuit. Statutes of limitations vary widely from state to state, and you didn't identify your state (despite the prompt that you do so). However, I don't know any state in which the SOL would be less than two years, and it's much longer in most states. First, nothing in this quoted paragraph says "that the gas should have been cut off 3 days after [you] moved in." Is that statement in a different part of the lease, or did you mis-type when you wrote that in your original post? Second, the statement that "utilities are defined [to include] . . . gas" completely contradicts your statement that you were "told that there was nothing gas in the house." Third, this quoted language makes it clear that it was your obligation to have utilities, including gas, put "into [your] name . . . within three days from commencement of the lease." Should the landlord have made you aware of the situation before now? Yes. Does the landlord's failure to make you aware mean it has no claim against you? No. Should the landlord give you time to pay the charges? Yes, but it isn't legally required to do so.
  22. 1 point
    There are two ways in CA to pursue the contempt of a court order. One is civil that requires personal service of the contempt citation. The other is criminal and no notice is required. The DA can just file charges and have a warrant issue. There is no way to know if either or any action is pending....As to the US passport, failure to pay child support, when reported to the feds, will operate to suspend or deny a passport to the offending parent. If the border agents are on their toes and check the poster out upon entry, they'll know that...
  23. 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.
  24. 1 point
    My guess is no. You cannot discriminate against families with children and you cannot discriminate against people (including children) with a disability, so even the question could be illegal and put you in hot water. What you might do is get the name and phone number of the previous landlord and call for a reference and skate around actually asking that question. Rather ask general questions about any tenant problems and see if the LL volunteers anything. If the reference is OK, give it a shot. "On April 26, 2018, the Centers for Disease Control and Prevention (CDC) released new data on the prevalence of autism in the United States. This surveillance study identified 1 in 59 children (1 in 37 boys and 1 in 151 girls) as having autism spectrum disorder (ASD). See complete coverage below." https://www.autismspeaks.org/what-autism/prevalence And read this: https://iancommunity.org/ssc/autism-crime I think that the chances of an autistic child being violent are far less than a non-autistic child. Maybe you should worry more about the other three children.
  25. 1 point
    They are concerned you may move out with an unpaid utility bill. It is not an unreasonable request.
  26. 1 point
    When you say "was married," that implies you're no longer married. However, when you say that you "have been separated," that implies that you're still married. Which is it? Unless you say otherwise, I'll assume you're still married. That's not a question. My only "advice" would be to file for divorce, and you'd be well advised to hire an attorney. The fact that you've apparently been separated for more than half of the length of the marriage could significantly complicate things. As far as the division of property goes, as noted above, the court will divide marital property in a manner that it determines to be equitable (i.e., fair) based on a number of factors, with 50/50 being presumed to be equitable in the absence of evidence to the contrary.
  27. 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.
  28. 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.
  29. 1 point
    Unless there's traffic camera footage that will resolve this, the testimony of the officer who wrote the ticket despite not having witnessed the incident is meaningless, and the other driver should fight the ticket. You seem to have left a word out of this sentence. The fact that the ticket was written, by itself, should not be considered. If the other driver is ultimately found guilty, then that ought to be considered. Likewise, if the other driver is found not guilty, that ought to be considered.
  30. 1 point
    It is legal because there is no law that makes it illegal.
  31. 1 point

    Court Misconduct

    The attorney general of the state of california US attorney
  32. 1 point

    Roommate eviction

  33. 1 point
    Right. The bank would not have known of the divorce decree unless one of the parties put the bank on notice of it. That would have fallen on your father to do as his ex-wife would have had no incentive to do it. He needed to get to the bank and have her removed as an owner of the account. If he never informed the bank and didn’t get the bank to fix the account there is probably no claim against the bank here. Still, as between your father and his ex-wife that decree is binding and could form the basis for a claim against her to recover what she took from the account after that decree became final.
  34. 1 point
    As phrased, this question doesn't make sense. A prenup is a document, and documents don't have "discretion." As "Tax_Counsel" previously explained, "if your pre-nup is valid in your state and the court applies it in the divorce then your spouse is entitled to no more than what the court orders," and "the pre-nup might help you preserve your TSP account in a divorce." The first of these quotes is a bit awkwardly worded, but the point is that a prenup may well impact what the court does in the event of a divorce, including how the TSP is treated. That's the whole point of doing a prenup.
  35. 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.
  36. 1 point
    Hey dude,if the damage total is $5,000 as you claim,the small filling fee which you will get back in the judgement is well worth you pursuing this matter to the fullest,and as far as the warrant goes,if it exist at all,(I seriously doubt it exist,)they will want to present it to the judge to support their case,but have you tried to call the clerk office in this county to see if they have it? Another thing you should really consider.In pursuing legal action against this county,you may help prevent this from happening to someone else.
  37. 1 point

    Sneaky grandmother and guardianship

    I had this same thing happen to me. I dropped my daughter off at her aunts house, and she went directly to the courts and they immediately gave her guardianship of my child. I am her birth mother. Like you said, how can someone go legally steal a child all in an hours time, and not even try to contact either parent. Its a very scary thing to be honest. What if she was not who she claimed to be, if she was a pervert? They immediately gave her legal rights to my child. That is insane!! That should not be allowed to happen at all!! What if she was a stalker, and psychotic? They didnt do anything! She walked in, lied, and walked out 30 mins later the sole legal guardian of my child. I am a very highly intelligent woman, and this should not be legal! Its completely insane. This happened to me in NH 2010.
  38. 1 point

    Plumbing issue

    I'm guessing the law you were looking at was this--- Utah Code 57-22-4. Owner's duties. (1) To protect the physical health and safety of the ordinary renter, an owner: … (b) shall: … (ii) maintain electrical systems, plumbing, heating, and hot and cold water; But you would also need to take account of this-- Utah Code 57-22-3. Duties of owners and renters -- Generally. … (3) This chapter does not apply to breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter. (4) Any duty in this act may be allocated to a different party by explicit written agreement signed by the parties. ============================== As a result, I agree with pg1067's conclusion. The answer to your question turns on what the lease says on the subject, and on what caused the clog and how bad the clog was.
  39. 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.
  40. 1 point
    You may want to suggest that your employer consult a local employment law attorney. The practice you describe almost certainly violates the federal Civil Rights Act and might also violate state law too (though you did not indicate the state). I understand his intent may not be to discriminate against any particular race(s), but the practice may have the effect of illegally discriminating by race nevertheless.
  41. 1 point
    It's simple, by not knowing what the poster was asking, you were providing irrelevant information. She was correctly using the term "enhancement" and although she phrased it in terms of the statute of limitations, what she wanted to know was if there was a time limit on how far back the prosecution could go to use that prior. What you told her did not answer the question and you posted what you did because you were guessing at what you thought she meant, not what she was asking. Telling her the traditional definition of the statute of limitations told her nothing. I've been in practice for over 30 years so when she asked about the prior being an enhancement and the statute of limitations on using it I knew exactly what she meant. When you don't know what a person is asking, figure it out before trying to answer.
  42. 1 point
    I'm sure you can do lots of things. You have no standing to take any legal action. If your friend wants to establish and enforce parental rights, then yes, he'll have to do that through the court.
  43. 1 point

    divorce settlement

    Yeah, based on those few short sentences, you either hire another lawyer who is enough of a shark to know how to fight fire with fire or you learn how to fight fire with fire on your own or you get steamrolled (that last is the nicer version of the phrase that I first wrote ).
  44. 1 point

    W2 Discrepancy

    Do NOT be afraid to use the IRS procedure--they are not going to go after you. They are going to go after this silly COMPANY for causing the aggravation. This is a mistake that frequently happens with companies who are sloppy with their payroll deductions and believe me, the company will respond quickly after they are contacted by the IRS about this. At some point the taxes will need to be recalculated (probably the IRS will do it for you) for the years that the W2's are corrected. Let's hope that you end up with a refund instead of having to pay addtional taxes.
  45. 1 point

    W2 Discrepancy

    What the heck kind of accountant do you have that doesn't know that the IRS has a procedure that covers this and you can ultimately file your taxes based on YOUR records and, should the need arise, provide evidence from your records to support your tax return? See the following IRS page: https://www.irs.gov/help-resources/tools-faqs/faqs-for-individuals/frequently-asked-tax-questions-answers/irs-procedures/w-2-additional-incorrect-lost-non-receipt-omitted/w-2-additional-incorrect-lost-non-receipt-omitted-2 I suggest you fire your accountant and get one who knows what he's doing. Meantime, if you don't want to use the IRS procedure because you are afraid of losing your job, then I don't know what to tell you.
  46. 1 point
    However the two of you can agree or however a judge decides if you cannot work this out. That may hurt your claim that these items were gifted to the two of you jointly. If her parents testify that they gave the items only to your ex, could you rebut that other than with your own testimony? I don't know what you mean by this. The money that your parents spent for your ex to come on travel vacations is gone and not part of the equation. It's not as if you and your ex and each of your parents all sat down and your parents said, "we'll pay for Susie to go on vacation with us if you guys [ex's parents] pay for a washer/dryer, TV, etc.," and your ex's parents agreed. Right? You're entitled to an even split of stuff you bought jointly and which was given to you jointly. Same as she is.
  47. 1 point
  48. 1 point

    Chapter 13 law

    Bankruptcy includes everything you own and everything you owe. Simple isn't it.. I would strongly advise you to get a lawyer. The elements you mentioned, i.e. commercial realty, trust fund taxes, and a commercial mortgage are going to necessitate legal help.
  49. 1 point

    Is it a Conflict of interest

    So, the public defender's office got him a conflict counsel and so avoided the County having a conflict-of-interest in defending him. Seeing this post, my question would be whether or not the County also had a potential conflict-of-interest in prosecuting him depending on how close the victim family's connections were with the State's Attorney's office?
  50. 1 point

    i guess i am lost on licensing

    You have no idea how often this silliness comes up on legal websites so please don't take our responses personally.
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