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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

    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

    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

    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

    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

    "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


    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

    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

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  18. 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."
  19. 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.
  20. 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.
  21. 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.
  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. 1 point
    The statute says child support continues after 18 if the child is attending high school and has not graduated by age 18. The support continues while the kid is a high school student until he graduates or turns 20 whichever is sooner. If the kid was a drop-out, then that part of the statute wouldn't apply and the step-down would happen when the kid turned 18 or at the point when he dropped out if it was after turning 18. If the OP wants to argue that he should be entitled to the step-down now, he will have to go to court.
  24. 1 point

    Lease Takeover but No Unit

    Yeah. The person who takes over your share of the three party lease must be acceptable to the landlord and the other co-tenants. The landlord can't simply order the co-tenants to accept the next person who comes along. This may be the first and most important part of your education. Contracts impose obligations!
  25. 1 point


    If you are a landlord and you waited 8 months to ask this question, you have no business being a landlord.
  26. 1 point

    3rd degree retail fraud

    This article, published by a Michigan law firm, seems to do a good job discussing Michigan shoplifting laws. One additional point: If you were shoplifting in 2011 and again in 2019, most folks are going to assume that you were also shoplifting during the intervening time and simply avoided getting caught.
  27. 1 point
    File the divorce case in Pennsylvania. Problem solved.
  28. 1 point

    Eating in Grocery Stores

    There's really no need to scream over ice cream, everyone. Please keep it civil. smith0555597, posters may be able to offer more insight if you offer more background on the facts. Theft, shoplifting, and similar offenses are heavily fact-dependent crimes. The state and its statutes will matter too.
  29. 1 point

    Primary parent died

    First, you told us that you did "take them," so I don't really understand what that part of your question means. Second, they're your kids, and since the other parent is dead, that means you have superior rights to anyone else in the world, unless a court says otherwise. Under the circumstances, it would not be unreasonable for the court to allow the former fiancée to have visitation. However, I don't know the extent to which North Carolina law allows non-parents other than grandparents to seek visitation.
  30. 1 point

    motion to suspend visitation

    pg1067...Obviously, you are not an attorney, nor are you here to help. Please leave the forum. You are only instigating the situation. sandals4us...Tennessee law states that this is neglect and you can speak with your attorney to file a motion to suspend his visitation. However, each county handles custody differently. For instance, Greene county cares very little about domestic violence and supports the abuser rather than the obvious victims. I have learned the hard way that if you want to protect your children, you are going to have to fight hard for it. So, it is okay to be upset about this injustice and the terrible things that have happened to your son. In coparenting, it is obvious that the information should have been revealed to you. As a matter of fact, the boy's father should have been notified by his attorney to do so in such situations. Let your attorney know what you wish to do and stay on him until it gets done. Be reasonable and be willing to work with your ex whenever possible, but put your foot down and fight when necessary. Make them do the right thing. In the end, they may show themselves to be heartless and wrong, but your son will see you for who you are and love you for trying. You are in my prayers.
  31. 1 point
    Why would YOU need clarification. Who are YOU in this scenario? Not that it matters. The beneficiary was apparently successfully changed. The daughter gets the IRA. The wife didn't stop the divorce to care for him, she stopped because she knew he was going to die and figured she'd get all of the money instead of just half. The old guy outsmarted her. Good for him.
  32. 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.
  33. 1 point
    This is not illegal discrimination. Job title is not a characteristic protected by law; it is quite legal to treat employees differently as long as they do not do so based on race, religion, national origin etc. Nothing you have posted suggests any illegal action on the part of the employer.
  34. 1 point

    Hiring Felons

    In your hiring process, you'll need to make sure you comply with New Jersey's 'ban-the-box' law, which limits when and how you can ask an applicant about their criminal record. Just because you're advertising that you won't hire people convicted of a felony doesn't mean that people with that status won't apply for a job anyway. Under New Jersey law, you can do a criminal background check on your applicants, but it has to be done in the right way and at the right time in the process. Title VII doesn't expressly prohibit an employer having a blanket rule that they won't hire people who have felony convictions. In some cases (probably not your business) employers are required under particular regulations to have such a policy. That said, there are circumstances where the EEOC might consider that you have nevertheless violated Title VII by basing employment decisions on criminal records. Some useful information on that topic here: https://www.eeoc.gov/eeoc/newsroom/wysk/arrest_conviction_records.cfm.
  35. 1 point

    transfer = sale?

    It is certainly treated as a sale for federal tax purposes, and I rather think the court that issued the divorce decree is likely to see it the same way.
  36. 1 point

    Being investigated Revised

    Although you seem to use a lot of ?'s, I can only see two questions. If you are questioning whether they can charge you without charging the person who made the call, that is not really aquestion since it has already happened. BTW, your statement that you received a letter regarding something about meeing with a clerk and something about diversion is a little concerning. I assume you have the letter and can read. So you should know exactly what it said about meeting with a clerk and diversion. Whatever it said, I suggest you do exactly that.
  37. 1 point

    What does a Vacated motion mean?

    It means that the judgment has been vacated. You realize that ending sentences with question marks doesn't make a non-question into a question, right? In any event, lawsuits can be dismissed. Judgments aren't "dismissed," but they may be "vacated." To dismiss a lawsuit means that the lawsuit is over. A dismissal may result from a decision against the plaintiff on the merits or it may have nothing to do with the merits. Vacating a judgment means the judgment is no longer of any force or effect and is unenforceable. Vacating a judgment returns the case to the place it was before the judgment was entered. In your case, now that the judgment has been vacated, the case should also be dismissed. What "credit/tenant records" are you talking about? If I remember correct, in your other thread, I provided you with a link to the law regarding the limited public availability of unlawful detainer case records. Did you look at that? If not, why not? No, but as I think I also explained in the other thread (but maybe not), getting cases sealed is very difficult. I strongly suspect that the limited public record status about which I previously informed you is more than sufficient for your purposes. P.S. This is why starting new threads for ongoing subjects is a little annoying. :-)
  38. 1 point
    What does your contract say about the rights of the parties to terminate the agreement prior to the end of the six-month term? Your contact probably has a provision for whose laws the contract will be interpreted and enforced by, but why does the VA company have to tell you this? Presumably you have a copy of the fully executed contract and can read that yourself. You have said that they are not willing to let you out of this contract. They may be willing to accept some discounted amount. I don’t know what the value (to them) there is in the remainder of the contract, but it would cost them money, too, to pursue you for it.
  39. 1 point


    Maybe you didn't understand. Yes, it is legal to promote you into a position that you are not qualified for because they need someone in there, and then demote you when someone qualified is hired.
  40. 1 point

    Wanting a Original hearing

    You first need to determine what the charged crime and court imposed sentence was,and a simple call to the Clerk of Court,will quickly give you the answers to that.Also,you could check the Utah Department of Corrections website,do an inmate search by entering his name and/or his inmate ID#.If this available in Utah,it will show the exact charges,sentences,and any Tentative Parole Month,(TPM) Without knowing the particular Statute he was sentenced under or weather the plea agreement you mentioned was rejected by the judge,it's uncertain to know what actually happened.You should be aware though,that even if the prosecutor offered a plea agreement to which your friend accepted,it was still up to the judge to sign off on it,and they can lawfully outright reject any plea agreement offered by the state. Also,be aware,that parole is a privilege,not a lawful right,meaning that if the judge did in fact sentence your friend to 26 years,the parole board,who has full discretion can make him do every day of it.
  41. 1 point

    Illegal Seisure of Vehicle

    I was pulled over for nothing at all, just because of my tattoos and criminal past. The officer had no answer when I asked him why he pulled me over, he then impounded my car and let me walk without a ticket or anything? My license is valid, as well as registration and insurance. He said it was parked where it wasn't supposed to be after he searched the whole vehicle and didn't find anything, I have pictures of where my car was parked and there was nothing illegal about it. Well, a week later I get arrested for something I had nothing to do with and they said they needed to keep my car for investigation, well the case was closed and dismissed so therefore they took the hold off of it at the impound yard but now the impound yard wanted to charge me $1,600 to release the car to me, I do not have that type of money and since I was proven innocent and it was illegally taken I think they should have to pay the fine to get it out, but as of now, it has been too long and the impound yard sold the car. How do I go about this? What are the laws that have anything to do with taking a car for no reason? and whats protocol on giving someone something that rightfully belongs to them?
  42. 1 point

    Elder Caregiving

    As for taxes, here is what the IRS has to say https://www.irs.gov/businesses/small-businesses-self-employed/family-caregivers-and-self-employment-tax
  43. 1 point

    Road rage

    But it was actually him accusing you of calling him the "N" word,that led to him getting out of his car,and punching you in your jaw.That is the whole reason for the assault,Right? When people like this are either high up on drugs,or just plain racist,all logic is out the window.
  44. 1 point

    Suing after auto accident

    I believe that the OP is referring to a motorcycle, not something one shaves with.
  45. 1 point

    Joint home owners dispute

    Very little usually happens at the hearing (called a 341 hearing). However, if there is equity in the property you should attend an indicate an interest in purchasing the debtor's interest in the property. If there is noequity in the property or the debtor has exempted the equity, the trustee will usually abandon the estate's interest in the property. You should obtain copies of the debtor's schedule from the debtor's attorney or the court to determine the alleged value and encumberances on the property before the hearing.
  46. 1 point
    Then contact a tax attorney to ask about this. A tax attorney is going to be more experienced in tax matters than a real estate attorney, even if the real estate attorney has some tax knowledge. The main thing for your father is that the gift of the land to you results in a taxable gift for gift tax purposes. If he has not yet used up his lifetime unified credit against gift and estate taxes then the taxable gift will first reduce that credit. Once that credit is used up any further gifts made either during life or in his estate at death will result in tax. There are ways to help lower the amount of the taxable gift and thus reduce the hit to the unified credit or any tax that might be due if your father is in a position where federal and estate gift taxes may matter to him. Currently the unified credit amount is $5.49 million. If he does not have and does not expect to have assets anywhere close to that then federal and estate gift taxes won‘t be a concern. He will in any event have to file a gift tax return (Form 709) even if there is no gift tax to pay. For you, getting the property as a gift during life means that you take the land with the same tax basis that your father had in it at the time of the gift. That basis might be quite low, which would mean a greater gain when you sell it later. Whatever his basis in the property is, get from your father the records to prove the basis. I cannot emphasize this too strongly. Because if the IRS audits you after the sale and you cannot prove the basis then the IRS will assign a basis of zero. I have seen too many clients run into problems because of this kind of situation. Few people, it seems, ever think about preserving the records to prove basis when a gift is made, but it is important. Note that if your father gave the property to you AFTER he died the basis you would have in the property would be the fair market value (FMV) of the property on the day that he died. This basis step up can save a huge amount of tax when you sell the property later if the FMV is a lot higher than your father's basis in the property. If your father is not expected to live a great many more years it might be better off tax-wise for him to wait and pass the property to you at his death. State taxes also come into play here, too. Your member info indicates you are in Texas. Texas does not have an estate or inheritance tax. Nor does Texas have an individual income tax. It does have property taxes, and the gift might result in a change in property tax. You'll want to ask the tax attorney about that. Also, if either you or your father are in another state, that may impact the tax picture as there may be tax to that other state to pay.
  47. 1 point

    Previous Employer Harassing At New Job

    No one here is in a position to tell you that you shouldn't get a lawyer.
  48. 1 point
  49. 1 point

    Besides, stupid?

    Are you asking us our opinion about whether you should get the money by submitting a fraudulent claim? No, you should not get the money.
  50. 1 point
    All motor vehicle codes apply to person. All of them refer to the act of person, driver, driving, operating, operators. etc which in their scope are all acts of commerse. None of them adress human beings, private automobiles of traveling, which is what a private human does in the ordinary course of life all others are extroniary and are outside the normal activites of a private human being. All statues apply to persons. A human being is not a person..... The word "person" in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e.g. 1 U.S.C. sec 1. Church of Scientology v. U.S. Dept. of Justice (1979) 612F.2d 417, 425. As is also support by some law dictionaries. Newer law dictionaries have had some of this information removed from them to hide the facts. So I ask you, how do statues that apply to persons apply to flesh and blood human beings?
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