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Showing content with the highest reputation since 02/01/2018 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
    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....
  4. 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.
  5. 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).
  6. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  7. 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.
  8. 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?
  9. 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.
  10. 2 points


    Depends upon what the CC&Rs say, and we haven't read them.
  11. 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.
  12. 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.
  13. 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.
  14. 2 points

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  15. 1 point
    This thread is over 6 years old. If you have a question please start your own thread.
  16. 1 point

    FedEx Express break policy

    The company did mandate it, so it is obvious that it can do so, and it is legal to do so.
  17. 1 point
    You are in retail so I highly doubt you were working with a contract. Hence you were working under the doctrine of "Employment at will". You can be terminated for any reason or no reason at all. Telling a customer they are a jerk, no matter how true the statement, is a reason to terminate you. I personally would terminate you because you don't seem to know what a paragraph is.
  18. 1 point


    Under what circumstances would a court disregard precedent?
  19. 1 point

    Lease Takeover but No Unit

    It means you need to try and find someone to live there instead of you. If you find someone to take your place, he or she will get all the benefits and have all of the obligations that you have under the terms of the lease. No, but this makes no difference. You should make sure that you get a full release of your obligations under the lease from your landlord and your roommates.
  20. 1 point
    Unless, of course, the will of the voters is unconstitutional and then he will fight for it.
  21. 1 point

    Serving Paperwork

    Mailing the papers to you is serving them. Once parties have appeared in a case, service can generally be done by mail.
  22. 1 point
    May I add, that a criminal defense attorney who regularly practices in that court before that judge, will be in a position to give an opinion that is not just a guess.
  23. 1 point

    Speeding ticket

    No, I'm missing something. I did not look at the original post and assumed it was a continuation of a recent post where the poster said he or she got a ticket with the wrong name and other identifying info. Sorry.
  24. 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.
  25. 1 point

    Alimony and Divorce

    I am only qualified to answer questions 5 and 6, and my experience is not in Arkansas. 5.) In the states for which I am most familiar, which are the New England and Mid-Atlantic states, this happens occasionally but it is the exception rather than the norm. New England and the Mid-Atlantic states tend, overall, to be more generous than Arkansas. If your lawyer says this is not an option, I see no reason to disbelieve him. 6.) If your husband's insurance is through his employer, it's about 97% certain that you will no longer be eligible for coverage after the divorce is final. Few employers will provide coverage to ex-spouses and for the few that do, there is a tax dis-incentive for the employee to do so. Even the most liberal states do not require coverage for ex-spouses; I live in what is arguably the most liberal state in the nation and my state allows it - it does not require it. If ex-spouses are not eligible dependents under your husband's employer's rules, a court cannot order them to cover you in violation of their plan documents, and in the unlikely chance that they are eligible, it will cost your husband more in taxes to cover you after the divorce than before. The tax dis-incentive is Federal, not state, so it doesn't matter if I'm from Arkansas or not. I'm sorry to be giving you bad news, but it's as well that you understand from the beginning that you're not likely to either get life insurance or keep dental insurance and that you not continue hoping for something that's got only a very slim chance of ever happening.
  26. 1 point
    SInce your ex is the one claiming you messaged via Facebook it would be up to her to prove that you did.
  27. 1 point

    Eviction or not?

    No surprise there. A deed is evidence of ownership. The whole idea of a land contract is that you don't OWN the property until you have completely paid for it. Besides, the lienholder is not the owner. It's the owner on the deed that has to transfer any ownership to anybody else. Eviction? Foreclosure? No way to answer that question without seeing the contract. Land contracts are very dangerous and I suspect you went into it without a clue as to what the consequences were. Frankly, if you don't want to spend thousands on a lawyer I suggest you be prepared to walk away from this disaster and find another place to live ASAP.
  28. 1 point
    @RetiredinVA, I did not engage in any sort of conversation. Even if I did engage in conversation, how would I know for sure they are telling me the truth? Once I heard the door knob turn, I froze and stayed silent. As to your question, thats simple, home invasion robbers don't care if you're inside the house or not.
  29. 1 point

    Reporting Hours

    There is nothing you can put in the employee handbook that would allow you not to pay for hours worked. Keeping track of an employees time is 100% the responsibility of the employer. You can put in the handbook that you will discipline employees up to and including termination for failing to report time properly but you are still going to have to pay them.
  30. 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.
  31. 1 point
    Here's what I think you're saying: Lawyer L represents HOA in connection with various legal matters. X and Y are residents in the community over which HOA has control. X and Y have a dispute relating to a fence installed on X's property. Y retains Lawyer Z to represent him and send a letter to Y about the fence. Y retains Lawyer L to respond. Is that right? In other words, Lawyer L's representation of Y in connection with the dispute with X has nothing to do with Lawyer L's representation of HOA. Right? Your use of "we" is ambiguous. If my restatement of the facts is accurate, it is not a conflict of interest. That said, Lawyer L should have disclosed to Y that he represents HOA and that, depending on how things progress, an actual conflict might arise that would require L to withdraw from his representation of Y.
  32. 1 point

    Pre-Tax Transit Plan

    The benefits are discussed in IRS Publication 15-B starting at page 20.
  33. 1 point
    my daughter is 4 . I let him get her every weekend unless I have something going on with my side of the family. She screams and acts completely terrified when he picks her up. There has been times she makes her self sick from having such a meltdown about going with him If there is no court order requiring that she visit him, then you are not required to allow it. However, please take note that separation anxiety is very common in children of that age and the only way for them to get over it is to make them go with the other parent, Aunt Susan, Grandma, whoever. Giving in to her and allowing her to decide whether to go with Dad or not, is not the way to teach her that she can leave Mom temporarily and nothing bad will happen. What are you going to do if she does the same thing when she doesn't want to go to school?
  34. 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.
  35. 1 point

    Fence across the property line

    Not entirely sure what this means. Any portion of the fence on your friend's property can be removed without legal issue. Anything on the property line or on the neighbor's property is obviously a different story.
  36. 1 point

    Depositions and filings, made public?

    There's no one-size-fits-all answer to "is this normal." Moreover, whether something is or isn't "normal" is generally meaningless. As far as whether what happened in the particular case about which you're asking was "allowable," that depends on a lot of facts not included in your post (in particular, the specific terms of the protective order you mentioned). For starters, a deposition is an event, and an event cannot be filed with the court, so your assertion that "the whole depo" was filed is obviously incorrect. What I assume you meant was that the entire transcript of the deposition was filed. With that in mind, you should be aware that transcripts of depositions are rarely filed with the court. More commonly, excerpts from transcripts may be attached as exhibits to motions. Sometimes, entire transcripts will be lodged with the court (which basically means that custody of the transcript is given to the court, usually for purposes of a trial, but it's not part of the court's publicly available file). I, for one, can't think of any good reason why an entire transcript would be filed, but that doesn't mean it doesn't occasionally happen and for good reasons. As far as "irrelevant" "embarrassing" questions, the scope of permissible discovery is far broader than what is relevant. See Fed. R. Civ. P., Rule 26(b)(1). If, during the course of a deposition, the attorney asking questions strays too far off the path of relevancy, the witness (or his/her lawyer) can object and, under appropriate circumstances, refuse to answer certain questions. If the examining attorney believes the objections are not well taken, he/she can file a motion to compel further testimony. "Embarrassing" questions are not off limits at all. Lawsuits often require testimony about things that are embarrassing. In appropriate cases, a party who is concerned about such thing can seek a protective order. You didn't say whether you're a party to the case about which you asked, but I assume you are. If so, and if you believe it was inappropriate for the plaintiff to have filed the transcript, you can file a motion asking that the transcript be stricken from the court's file or sealed.
  37. 1 point

    transfer = sale?

    You said this was jointly-held stock, so don't you have access to find out what is and isn't still owned?
  38. 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.
  39. 1 point
    If you are truly an independent contractor then under federal law you are clearly out of luck because federal law does not prohibit sexual harassment against independent contractors. You’d need to ask a Missouri employment law attorney familiar with the Missouri Human Rights Act if that act has been interpreted to allow claims to be brought by independent contractors against the persons employing them. However, if you were truly an employee, then you would clearly be covered by federal law if the employer has at least 15 employees and under state law if the employer has at least 6 employees. You ought to ask the employment law attorney if you can make the case that you were really an employee rather than independent contractor. You have very limited time to do what is needed to pursue a lawsuit so I suggest consulting the attorney without delay. Most give free initial consultations.
  40. 1 point

    please help

    No, he is being punished for being in an accident without insurance. You need to go to the courthouse where the judgment was entered, and get a copy of the case file. In it should be the proof of service showing what they told the court about how you were served. And then you can take it from there. If you were not served, you can file a motion to set the judgment aside on the ground you were not served. Some state require you to state your defense to the claim in order to get the judgment set aside, and if the court does not find a valid defense, they can let the judgment stand.
  41. 1 point

    Court Misconduct

    The attorney general of the state of california US attorney
  42. 1 point

    Asking car insurance for refund

    Don't take "no" for an answer. Insurance companies routinely backdate refunds where there is documentation to support it. These days all it takes is a couple of key stokes and supervisor or management approval.
  43. 1 point
    You mean your wife. She's not your "ex" until your divorce is final. I don't really understand the question. You and your wife must file as married filing jointly or married filing separately (head of household may also be available to you or her). In any event, this really isn't your concern (unless she filed a joint return, which I assume you'd know about). It's something your wife will have to try and work out with the IRS. Depending on how much $$ is at issue here, she might want to consult with a tax adviser or tax attorney.
  44. 1 point
    Once the protection order was dismissed you cannot be held in violation of that order for acts taken after the order was dismissed. But that said, it is not a good idea. Obviously the other person does not want any contact from you or he/she would not have sought the protection order in the first place. You are only stoking the flames of the desire to get such an order in place by continuing contacts with him/her and each contact can add evidence to use in support of his/her claims. Without knowing all the details of what has gone on between you, I would say you'd be better off simply keeping everything in court and not having contact outside of it. I also don’t see any basis for the small claims court action for legal fees. Generally in the U.S. each side bears his/her own legal fees. There are two main exceptions to this: (1) where there is a contract between them in which the contract says the loser pays the winners legal fees and (2) where there is a statute that expressly allows for you to seek recoupment of your legal fees if you win. In addition to that you may sometimes get legal fees awarded by a court if the other side filed a frivolous lawsuit. You as the plaintiff have to specify the contract, statute, or court rule that allows entitles you to the attorney's fees. The problem is that even if you might have a basis for claiming he/she owes you legal fees because the action for the protective order was frivolous, you typically have to file a motion for the fees in that case that he filed against you, not file a separate case to get the fees. You might want to ask your attorney about that.
  45. 1 point

    Breaking Solar Lease Agreement

    Thanks, USslang & good on you for quitting. If a company has that many problems & is getting sued often, that doesn't mean anything other than there is something *wrong* with it & people are smart to leave if they possibly can. (Even if a ship is not sinking, if the captain & other officers are crooks, why in the world would you want to be part of their crew?! How could you even live with yourself?!)
  46. 1 point
    You haven't answered the question, was it a fence on your property or was it a boundary fence on the property line?
  47. 1 point
    Principle doesn't butter any parsnips. If they got your son's car without damaging yours or breaching the peace, you've got nowhere to go with this.
  48. 1 point
    The general answer to your question is, YES, a licensed used car dealer MUST freely DISCLOSE PRIOR DAMAGE, and if he doesn't, you, as the buyer, are entitled to return the car for a complete refund of all money paid, including tax, DMV...everything. Dealers are required to disclose prior accident damage to buyers. They must find out whether their inventory truly has prior damage. They cannot rely or defend themselves from failure to disclose based on "clean" Vehicle History Reports, such as CARFAX. If the VHR says, "no damage reported," it doesn't mean the vehicle truly has no damage. "No damage reported" to vehicle history data providers merely means that no accident report or insurance claim was filed and thereby contained in the report. It is the dealer's professional duty to discover, FOR SURE, by human (in-person) professional inspection of the vehicle by a licensed mechanic or inspector. A safety inspection is NOT a prior damage inspection. It is NOT your job to ask if a vehicle has prior damage, rather, it is the dealer's job to tell you, period. Basically, the dealer must know and disclose prior damage because it is his job as a professional, and if he fails to discover AND disclose prior damage to the buyer, he is guilty of either FRAUDULENCE (if he knew, from info given to him when he purchased the inventory and withheld that info from the buyer) or NEGLIGENCE (if he didn't know and failed to discover, by having the vehicle inspected in-person). Those are the ONLY two possibilities. He either knew or should have known of his inventory's condition prior to resale to a consumer. NOTE: damage or repair requiring disclosure must be considered "Material Damage," which is 1) any damage/repair to the vehicle's frame or suspension, 2) any accident damage/repair whose repair cost exceeded a certain percentage of the vehicle's value. Not every little fender-bender or cosmetic repair is material. In California, we have the CLRA law, CALIFORNIA CIVIL CODE SECTION 1750 Consumers Legal Remedies Act, which outlines numerous requirements for sellers of various goods. Basically, if a seller fails to represent merchandise as it actually is, he has violated this broadly defined law. I suggest you search online and contact an automotive lawyer who handles "prior damage" cases. Many of these attorneys will take your case on a "contingency basis" so you don't pay anything unless he wins. You have nothing to lose by checking this out. Good luck.
  49. 1 point

    wrong eviction

    Hi toomuch_7240, No, your landlord cannot just throw you out and take your property. Before you can be evicted, your landlord must serve you with proper written notice (which varies according to the state). If you do not vacate within the period specified by the notice, the landlord can then go to court and file an eviction suit. He'll then have to serve you with a copy of the papers, you would have a chance to respond, and then you and the LL would go to court. Even if the landlord wins, you'd usually have a few days to move out before the sheriff comes and locks you out. So, basically, a number of things must happen before a landlord can throw you out -- all of which takes at least a few weeks. An eviction is not immediate. Please read up more on the topic in FindLaw's section on eviction, or feel free to contact a landlord-tenant attorney or your local legal aid society for additional assistance. Good luck!
  50. 1 point
    What happens to a person that calls 911 because they want to get someone a ticket.They lied and told 911 i was drinking and driving carelessly so the cops would give me a ticket.
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