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Showing content with the highest reputation since 05/15/2012 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. 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."
  16. 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.
  17. 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.
  18. 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.
  19. 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!
  20. 2 points

    Executor vs Executor

    No will comes into play until it is admitted to probate by the court. If one will was admitted and then a later will is located, then the newly named executor would notify the existing executor as well as all the beneficiaries or potential beneficiaries by serving them with a copy of his petition to admit the second will to probate and be appointed executor. Until the court rules, the second executor has no power to do anything.
  21. 2 points
    The behavior of your brother in law is nonsense. The attorney should deduct your out of pocket expenses from the estate and pay it out. Is your sister going along with her husband in all this?
  22. 2 points
    Hi @Shelbi2016 A few issues which may interest you: (1) testamentary capacity, and (2) undue influence. You may want to discuss these issues as they pertain to your case with an experienced trust and estate attorney. Best of luck! The FindLaw.com Team
  23. 2 points
    I once met a nice looking person online. The person needed me to provide a cellphone so we could speak directly. A sister in UAE (I think it was) would receive the phone and deliver it when she visited. Fortunately, at about the same time I also received a nice letter from an oil ministry worker in Nigeria who had money he needed to transfer. So I put them in contact with each other. I hoped it worked out for the best for them.
  24. 2 points
    Hi @PlainlySecret Welcome to the community and thanks for posting. So sorry to hear about the attack against you and all that you have endured. If the police locate a suspect you can likely initiate a civil action against that person. In the meantime, you may want to speak with a worker's compensation attorney just be totally aware of your right since you were injured while attending a work training. It may be possible that worker's compensation might pay for your out-of-pocket expenses and lost wages. You can also speak with a civil attorney about initiating a lawsuit against Baltimore who can advise you about the likelihood of succeeding in a claim against the city. Best of luck with your case and keep us posted! The FindLaw.com Team
  25. 2 points
    If your condition is as serious as you believe it is, and I have not reason to doubt you, your best course of action is to take the $500.00 you have, go and see the doctor of your choice and get him/her to treat you. Then you will have a measure of damages to take to an attorney. Right now, your damages are speculation at best and $500.00 is not enough to get an attorney even started. At $300.00 per hour, it will go fast.
  26. 1 point
    Tax raises a good point. I am not exactly afraid of flying but I don't like it, either, and try to avoid it when possible. What I am actually phobic about is having empty space below me and having to SEE that empty space, so I don't do well with bridges, open staircases, or glass elevators either. What allows me to fly is to always get an aisle seat (easy enough since both my husband and my best friend, whom I sometimes travel with, prefer window seats) and keep my focus completely inside the plane. DON'T look out. Bring reading material, knitting, games on a tablet, a sleep mask, whatever will keep your focus limited to a small area inside the plane. On the other hand, if it's the enclosed space that's the problem, the above would be the worst thing you could do and you'd want a window seat where you could look out. Something to think about.
  27. 1 point

    HOA Board Director question

    Given that we know nothing about your situation beyond what's in your post (i.e., we haven't read your CC&Rs or HOA by-laws, and you didn't identify your state), doesn't this answer your question?
  28. 1 point
    Not rocket science, no. Which means it should be clear to you that the situation in the Tumey case is vastly different from the arbitration situation you present. It is (1) a criminal case in which (2) the judicial officer got compensated more for finding for against the defendant, making for a direct conflict of of interest and providing incentive to rule against defendants, denying them a fair trial. Arbitration is a civil proceeding and the problem about which you complain is not one in which the deal is that the arbiter gets paid more for ruling for the business instead of the consumer. The arbiter gets paid the same either way he or she rules in that case. The fear you raise is more indirect than in the Tumey case: the fear by the arbiter that if he or she rules too often against the arbiter that the business will look to someone else for future arbitration. While I agree that's a potential problem, it does not provide the same kind of incentive that was present in Tumey. And, of course, the considerations are quite different in a criminal versus civil setting. While I agree that more should be done to deal with the problem you mention in the situation where a consumer is arbitrating with a large business who selects the arbitration firm, your solution of simply banning all arbitrations is tossing out the baby with the bath water. There are a lot of arbitrations that do not result in the problem that concerns you, and there is no reason to ban those just to fix the consumer vs big business situation.
  29. 1 point
    Sure. Then that's something his lawyer should be addressing at his trial.
  30. 1 point

    Repossessed vehicle

    I know all to well it was a mistake to let him be the lien holder. He took advantage of being lien holder and took the vehicle from me. I don't understand how or why he could can sue me.
  31. 1 point


    And I meant what I wrote. ?
  32. 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?
  33. 1 point
    The county in which your parents resided will have a court that handles proceedings for incapacitated adults. You should be able to view and obtain copies of the relevant court orders. Presumably they had a guardian and/or conservator to manage their affairs if they were deemed incompetent. Many courts have searchable online records. If their wills were submitted for probate, then you should be able to view and obtain copies of their wills. Not all wills are probated. Some people have their assets titled in such a way that probate is avoided. Some courts hold onto wills for safekeeping. I would check with the surviving spouse of the attorney and see where his old files are kept or find out if she knows the location of his clients’ wills.
  34. 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.
  35. 1 point

    Freedom suit

    A freedom suit was a lawsuit that challenged being held in legal slavery before slavery was abolish in the U.S. in 1963. It was a way for the slave to win his/her freedom. As slavery is now illegal in the U.S. (made very clear by the 13th Amendment to the Constitution) a freedom suit is no longer necessary for any one to win freedom from slavery. They have that automatically. As for the second part of your question, no one “owns” the city of Peoria. If you care to explain your situation and why you seem to think yourself enslaved you might get some useful feedback on what you can do about it.
  36. 1 point

    transfer = sale?

    All sales are transfers. Not all transfers are sales. Beyond that, I have no idea what you're talking about. "Equivalent" for what purpose?
  37. 1 point
  38. 1 point

    Errors on ticket

    No. The sign marks where the new speed zone starts. It's not an invitation to speed up to that speed the moment you see the sign. Similarly a sign that marks a new slower speed limit marks the point at which that new speed takes effect. Because, for the most part, you cannot be cited for going slower than the speed limit but you can be cited for going faster, what this means is that when approaching a sign that marks a higher speed zone you do not increase your speed until after you pass the sign, but when approaching a sign lowering the limit you need to slow down to ensure you are traveling no more than the new speed once you hit the point marked by the sign. As to the ticket, what is put on the ticket is not admissible as evidence because it is hearsay. Instead, what will matter is what the cop testifies to at the trial. You can use the information on the ticket to try to impeach the cop’s testimony if it differs from what he put on the ticket, but you need to know when and how to do that to make it effective. If the information on the ticket is automated but the prosecutor can explain the error and establish with other evidence the location of the cop when your speed was measured then that won’t cause much of a problem for the state in court. The trial will focus on only one issue: were you speeding as the state claims? Anything that does not help to resolve that issue is not relevant and not admissible. So, whether or not a minor was in the car is not relevant to a simple speeding case and thus that is not something that is at all useful in challenging the ticket. In Wisconsin it appears you may ask for a jury trial in a traffic case if you wish, but you must do so within 10 days of the arraignment. I strongly recommend you consult a traffic attorney before you do that. Getting a jury is not always a smart choice. You are all bent out of shape because the DA was not as cooperative as you wanted and, in your view, was intentionally making things difficult for you. But don’t lose sight of the fundamental issue here: were you speeding? If you were, then it seems to me you are overreacting to the DA’s refusal to dismiss the ticket based on the defense you tried, which was to use the location info on the ticket to argue about the discrepancy of where the cop was. If you are guilty of the charge then it seems to me that getting outraged that your technicality argument didn’t fly is misplaced. If you are guilty then it is hardly any great injustice to you to have to pay the fine that goes along with it.
  39. 1 point
    $20 per day? $20 per month? Per year? I used to work in a building where I had to pay $80 per month to park in the underground garage at a different building such that I had a 10+ minute walk from the place I parked to the building where I worked. Some of my co-workers who had parking privileges in the building where we worked paid something like $120 per month So what? The analogy wouldn't be any different if there were only one nearby gas station. And, the lack of choice isn't the issue. While you may have a choice in deciding where you pay $3+ per gallon for gas, you don't have a choice about having to pay for gas. There's no free gas option, and I'm quite sure you'd still complain about this even if your stepdaughter had a choice of five different parking lots, all of which charged $20 per ___. Right? If she gets the fee waived, why are you even posting about this? First of all, who says anyone is profiting. How do you know that the revenues generated from the parking fees, less the property taxes, insurance and maintenance and other costs associated with operating a parking lot, result in a profit? Second, you are absolutely free to have this opinion. However, what if, instead of charging for parking, your stepdaughter's employer simply paid her a little less? And, of course, she is free to try and find other employment where this isn't an issue.
  40. 1 point

    TRO and Ex Parte

    Was what she finally posted true? If it was not and she admits it was not true the TRO should be dismissed.
  41. 1 point

    DEA Investigation

    I recently discovered that I am the subject of an investigation with the DEA, all due to an informant lying on me. I have two questions. First, is there any way that I can get some type of legal help to stop this bogus investigation which has totally damaged my reputation, stripped me of my privacy, and violated my Constitutional Rights? Also, is there any way that I can attempt to take legal action against the informants that are responsible for intentionally giving the federal authorities false information about me which lead to this investigation? Please help. Thank you kindly
  42. 1 point

    Therapitic malpractice

    To prove that your therapist was guilty of malpractice you would have to prove that the fact that she continued to take lessons from an individual you accused of battery somehow affected your treatment. Clearly, your discovery of the continuing interactions between your therapist and the yoga teacher has ruined your relationship with the therapist, but how would you prove your treatments would have been different if the therapist did not continue to take lessons from the yoga instructor? To put it another way, if you never discovered the relationship between the therapist and yoga teacher would you feel your treatment did not meet the standard of care due you from therapist. Your complaint amounts to a reaction to what you perceive is a breach of trust. You obviously had developed a deep emotional attachment to your therapist. Discovering that she had violated that trust has, of course, caused you great trauma. But violating that trust does not prove that you were not receiving competent counselling services up to the point you discovered the breach of trust. So, it does not sound as if you have a viable malpractice case. It is also questionable as to whether a licensing board would find the continuing relationship between the therapist and the yoga teacher an ethical violation. Patients generally do not have the right to regulate the behavior of their health care providers outside the professional reĺationship. I would point out also that you have alleged an improper battery by the yoga teacher but the allegation has never been factually proven.
  43. 1 point


    Unless this is a government job, nepotism is not illegal and you have nothing to sue for.
  44. 1 point
    After watching the video there isn't a shred of doubt in my mind that the other driver is 100% at fault for pulling out like that. I think if you sue the other driver in small claims court you have an excellent chance of winning 100%. It would be nice if there was a video of an earlier minute or two because it doesn't look like he even stopped at the stop sign. I think your insurance company just wants to get a surcharge from both of you.
  45. 1 point

    Property owners rights

    You have two options. The first it to give him notice to vacate and file an eviction proceeding (usually called an unlawful detainer). The second would work if he is on probation or parole. If so, notify his parole officer he is consorting with other felons. If the P.O. can verify this, they might revoke his parole and put him back in the slammer. I have used both methods. Your wife may object to the second option so consult her first.
  46. 1 point

    BOP Expedited Processing

    You wrote that "the defense" got your records, but your comment about records "that are critical to identifying who the defendants are" implies that there are some defendants that are unknown? Can you elaborate on this? Why are your medical records "critical to identifying who the defendants are"? Also, from whom did "the defense" obtain these records and why were some of them missing? A motion is simply a request to the court to enter an order, and you can ask the court for whatever you want. Not really sure what this question means. You prepare a motion in the proper format and file it. Any sort of step-by-step guide as to how to prepare and file a motion would be way beyond the scope of an internet message board.
  47. 1 point

    Sole custody of 1, joint custody of 2

    You could do it either way but a single new order, not document, would probably be best.
  48. 1 point

    Pro supp after failure of divorce decree

    The question doesn't really make sense. "Exemptions" is a reference to a law (or laws) that make certain property exempt from a civil creditor's efforts to recover a judgment. For example, if a creditor seeks to levy on and sell your car that is worth $4k or less, you can claim it as exempt pursuant to section 34-55-10-2(b)(2) of the Indiana Statutes. The specific mechanism by which you do this is a bit too "local" in nature for a message board such as this (and I don't think anyone from Indiana follows these boards regularly). I can't even follow the run one sentence that is your second question, and which appears to be based on facts you didn't share with us.
  49. 1 point
    I'm sure that many caretakers have contacted many lawyers. Naming who beneficiary? The caretaker? The lawyer? What was done verbally? The will? I don't think a verbal will does any good. Deemed who sane? The caretaker? Maybe you need to rewrite your post being more careful with your pronouns.
  50. 1 point

    Neighbor Disputes

    It's some kinda crazy to post your name and address on the internet, and we don't communicate off the board. Also, in future, break up post into paragraphs vs. posting big blocks, which are hard to keep track of online. I'm afraid you need to talk with a local attorney with experience filing civil nuisance claims. If the cops won't cite him for making a nuisance of himself in terms of police complaints, perhaps you can appeal to the head of the local city-county government or local citizenry to pass an ordinance about a fining system for such complaints. If there aren't any noise ordinances, his dogs are free to bark as they please. Again, perhaps something to lobby for with local citizens. "... went to mediation and I was taken into a room with 5 people, showed them my pictures and they told me to "stop doing that I am not doing". Exact words!" Sorry, but those "exact words" are awfully garbled, and it's not clear if you misquoted). In any case..... "All we laughing at him and totally believed me that we did nothing!!!" Huh? I don't know what you expect folks to tell you other than to talk with a local attorney about a civil harassment claim and also work within local town to change ordinances.
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