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  1. 3 points
    pg1067

    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
    adjusterjack

    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
    adjusterjack

    "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
    doucar

    Mowing

    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
    ElleMD

    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
    NoReason

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  14. 1 point
    Tax_Counsel

    Same name usage in logo

    PRL Holdings has registered the stand alone mark "Polo" along with "Ralph Lauren Polo" in a number of areas that relate to fashion, not just clothes, but all kinds of accessories, watches, software related to fashion, and more. While there are firms that have registered the name "Polo" alone or with other words in very different industries totally unrelated to fashion, you are very likely to trigger a very expensive trademark fight with the company if you use that word connected to anything having to do with fashion, and particularly with selling clothes, and you may well lose that fight. I think there is a very good chance the company could show the public would be confused and think your product was related to theirs. Before you start selling your stuff with that name, I strongly suggest you consult a trademark lawyer first. You could find yourself liable for huge damages if you are found to be infringing on their mark.
  15. 1 point
    PayrollHRGuy

    Poor behavior/Sexual harassment

    There is nothing in the OP's post that this has anything to do with her work environment. As I read it I thought she was a tenant. Also just because a co-worker knew about a previous incident doesn't mean the employer knew.
  16. 1 point
    pg1067

    Subdividing

    The sentence you have quoted says that an owner of a building lot (or any interest in a building lot) may not subdivide the lot or interest unless he/she/it complies with applicable laws. That is not the same thing as "subdividing is permitted as long as you comply with all applicable laws," but that seems to be the implication. One would need to read the entirety of the CC&Rs to know for sure.
  17. 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.
  18. 1 point
    cbg

    Sick/vacation for salaried employees

    Yes. Salaried exempt employees MAY be required to use PTO for a partial day. However, there is nothing in either state or Federal law that says salaried exempt employees MUST be required to use PTO for a partial day. Or a full day. I don't agree with your management's decision but it's not a violation of anything except possibly their own policy. There's nothing we can tell you here that you can use to force them to stop the practice.
  19. 1 point
    pg1067

    Eating in Grocery Stores

    What does that have to do with anything? If you want to debate the parenting style of this hypothetical person, this isn't an appropriate forum (notwithstanding that some folks here will engage in that sort of silliness). And, if this person isn't hypothetical, why are you framing things as such? In any event, the legal question has been answered, hasn't it?
  20. 1 point
    The distinction is that before being arrested for being in arrears there must be a motion to show cause why the individual should be held in contempt of the court. Simply being in arrears does not result in a warrant and resulting arrest. If the individual has been held in contempt of the court there could be an outstanding warrant. In the more common case an individual held in contempt doesn't even leave the courthouse. If there is an outstanding warrant the individual may be prevented from leaving the country, much less trying to return. BTW, I don't see how the dual citizenship enters into the question at all. If there is an outstanding warrant it doesn't matter what type of passport the traveler is carrying.
  21. 1 point
    Scratching my head over that one. You can be held in contempt if you don't pay the arrears that the court ordered and arrested. Isn't that the same as being arrested for not paying the arrears?
  22. 1 point
    Tax_Counsel

    Hipaa violation

    I can see how hearing that your mother has just six months to live would disturb you, and of course your mother as well. And the way the doctor communicated that (nonchalant and "horrible") of course makes that more jarring. I rather think those are the things that upset you more than the fact that some hospital roommate (who likely has no idea who you and your mother are and who likely doesn't have much interest in your affairs) may have overheard the conversation. But the fact that the doctor's attitude was not to your liking is not something for which you have any legal remedy. You could, of course, complain to the hospital administration about that, and about the fact that the discussion was held within ear shot of the roommate. As far as HIPAA goes, discussions like this in a hospital setting have the chance of being overheard by others. It's just the nature of the way hospitals are set up. While the hospital has an obligation to keep protected health information (PHI) confidential under HIPAA except for the disclosures permitted by that Act and the related regulations, disclosures of this sort aren't typically going to amount to a violation. But in any event, HIPAA does not allow for lawsuits for HIPAA violations. Your only recourse for a HIPAA violation is to complain to the U.S. Department of Health and Human Services (HHS). It has the power to enforce HIPAA. I'm sorry for the bad news you and your mother received. Hearing that must have been a shock. But I would suggest to you that focusing on the fact that someone else might have overheard it isn't really important. Helping your mother get the care she needs for the time she has left is the most important thing. It really doesn't matter that some stranger might have overheard the conversation. That won't affect you and your mother at all going forward. I wish you both the best in the trying months ahead.
  23. 1 point
    RetiredinVA

    Hipaa violation

    Is there something that can be done about what? Impending death is usually disturbing but there is no legal remedy for it.
  24. 1 point
    You may be able to show a verbal agreement to pay rent, but you will have a very difficult time .if not, an impossible time...to prove that she agreed to pay a lease break fee that is in the lease that she never signed.
  25. 1 point
    Tax_Counsel

    Failure to accommodate disability

    CCD is a college that receives federal funds and thus is subject to the Rehabilitation Act of 1973, a federal law that among other things prohibits colleges/universities that accept federal funds from discriminating against students with disabilites and that requires the colleges/universities to provide reasonable accommodations for disabilities to put them on an equal footing with other students. The key word here is reasonable. The college does not have to make accommodations for you that are too expensive or burdensome for the college. CCD would have a difficult time relocating an entire program just to accommodate you, and thus I don't see that happening. The school can offer other alternatives to deal with the problem. You can also offer some suggestions that might work other than relocating one of the two programs. Try to see if you can negotiate something that both sides can live with. If you can't come to an agreement then you can consult an attorney who litigates cases under the Rehabilitation Act to see if you might have a claim to pursue. But it may also end up that you need to change your education plans in some way. Sometimes you just have to accept that your allergy will get in the way of things that you want to do. You'll not always get to force others to keep their animals away from some place you want to do. Those pet owners have some rights too, after all, and there needs to be a balancing between your rights and theirs.
  26. 1 point
    cbg

    Paid Time for Company Issue

    Nonetheless, regardless of the reason you were not working, you didn't work, and therefore are not entitled to be paid. There is no "I would have worked but my equipment was defective" right to wages in the FLSA. I understand it wasn't your fault. I understand you would have worked if the equipment hadn't gone down. I understand that you can't afford to lose the pay. I understand that you had no control over the length of time it took to fix the problem. None of that changes the fact that under neither Federal nor Florida law are you entitled to be paid for this time.
  27. 1 point
    doucar

    Debt Validation Letter

    1. Usually 30-60 days after the account became delinquent, (a payment was due, but not paid). 2. Yes, an oral contract can be just as binding as a written one. 3. Don';t be so sure you don't have a written contract. Did you ever get an email saying we are making the following changes to you account agreement, continued use of the account after ____________ date signifies your acceptance of the new terms, can constitute a written contract, and thus the longer SOL.
  28. 1 point
    Get a copy of the deed from the clerk of the court where the property is located.
  29. 1 point
    Your next step is to check the county property records for the "plat" diagram of the property which will show the position of the property lines. If the sidewalk is within the property lines then the building owner does, indeed, own the sidewalk and has every right to say how users of the sidewalk comport themselves. If the sidewalk is outside the property lines then the building owner does not own the sidewalk but it is common for municipal ordinances to make the building owner responsible for maintaining and controlling areas outside the property lines. It is also common for municipalities to grant easements to building owners for the use of property outside their property lines. Either of which would also give the building owner the right to say how users of the sidewalk comport themselves.
  30. 1 point
    adjusterjack

    Unsafe working environment

    All I can suggest is that you consult with a workers comp lawyer. You might not be able to keep your job but he can make sure your benefits and proper treatment continue.
  31. 1 point
    cbg

    Denial process

    What kind of an investigation are you thinking is required? Many, many w/c claims can be 'investigated' from the adjuster's desk without ever leaving it.
  32. 1 point
    pg1067

    Accident in parking lot...

    Under the circumstances, it doesn't sound unreasonable. If you had the ability to avoid the collision, yes, that's exactly what you should have done. I think we've all had situations such as you described, and I've done exactly that. I've also blasted my horn. You don't decide to "use" her or not. She is a witness. Of course, unless she was looking behind the car, she probably doesn't have anything useful to offer. Well...first of all, the OP can testify regarding the other driver's admission. The OP can also call the other driver as a witness as part of his/her case in chief. As you mentioned, however, we can't know in advance exactly what the other driver would testify to. Assuming any video footage hasn't already been deleted (after three weeks, there's a pretty good chance it has), you can obtain it without a police report if you sue and serve a subpoena. One thing you ought to do is send the store a demand that any video footage be preserved in anticipation of litigation. I'm inclined to agree.
  33. 1 point
    PayrollHRGuy

    quiet title

    If you don't know what category your case falls under when you are looking at the list what makes you think you will be able to represent yourself in any effective way?
  34. 1 point
    It seems that in New Jersey, a notice to quit given less than 30 days before the end of the month will be effective as of the end of the month following the month in which the short notice was given. There is some case law on this topic, and it is briefly referenced in the useful guide to which adjusterjack provided a link.
  35. 1 point
    Tax_Counsel

    Denied reasonable accomindation

    You'd need to discuss this with an attorney who litigates employment discrimination cases. The details of your disability, the requirements of the job, and what accommodation you sought are important to determining if your request was in fact for a reasonable accommodation. The employer is not obligated to provide an accommodation regardless of what it is. If what you ask for is alteration of fundamental aspects of the job or if it would impose an undo hardship on the employer then the employer need not provide that accommodation. Have a lawyer review the situation and advise you whether you might have a good claim to pursue.
  36. 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.
  37. 1 point
    Then maybe you should have notified child protective services and applied to the court for custody.
  38. 1 point
    pg1067

    court ordered debt collection

    In the case of bank levies resulting from ordinary civil money judgments, under the circumstances you described, your girlfriend (not you) could file a third party claim, and the story you've told, if believed by the court, might result in your girlfriend getting the money back. Whether a similar procedure exists for FTB levies is something I don't know. However, I suggest your girlfriend act immediately because the time to take action will almost certainly be extremely short. And, needless to say, putting the money in the account of someone with an FTB debt was beyond foolish.
  39. 1 point
  40. 1 point
    pg1067

    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.
  41. 1 point
    pg1067

    Create a Trust?

    How so? Does she share your opinion that it is outdated? Your mother should consult with an estate planning attorney. Anonymous strangers on the internet are in no position to know what might be the "best" way for your mother to handle her estate. That said, she certainly could, if she wants, create a trust for the benefit of your children. Whether having you as trustee of the trust would be a good idea is something she should discuss with local counsel.
  42. 1 point
    Other than asking him to turn off his porch light earlier, to which he is free to say No, I ask again, in what way is this hurting him?
  43. 1 point
    pg1067

    Ex Spouse Denying Vacation Dates

    What "should" or "shouldn't" be the case isn't relevant. What does the parenting plan say? You told us that it says you have to provide your dates to your ex by May 15. Ok...does it say that, when you provide him your dates, the ex gets veto power (and vice versa)? Does it say anything one way or the other about the extent to which your selection of dates must take into account the regularly scheduled visitation? The bottom line is that you're bound by what the parenting plan says. If it's vague or silent about how to deal with a situation such as you are confronting, then you'll either have to acquiesce or take the matter before the court.
  44. 1 point
    pg1067

    IR1 IV

    We can only guess, but the fact that you're asking the question indicates that you understand that your marriage may appear to anyone who reviews your application and conducts an interview to be a sham for the sole purpose of getting you into the U.S.
  45. 1 point
    ElleMD

    Making Changes to CCRs

    Whether you re-write the whole thing or create an addendum is up to you. Same with who writes the first draft. This wouldn't be something the law would care about. I'm sure you can google any number of examples of other CCRs if you are looking for sample formats.
  46. 1 point
    adjusterjack

    RFE affidavit sample letter

    An affidavit is a notarized written statement of what somebody knows. Have your friends just write it up saying what they know about you and have them sign it in front of a notary. Here's a guide: https://www.visatutor.com/witness-affidavits-help-k-1-visa-cases-red-flags/ Here's a sample: http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc Though I'm thinking something less formal (handwritten) might come across better.
  47. 1 point
    Tax_Counsel

    Email impersonation at work by IT

    Finding a job where the employer does not engage in that kind of use of the e-mail. Absent that, he cannot prevent accusations of misuse, only respond to any such accusations if and when they arise.
  48. 1 point
    RetiredinVA

    Beneficiary Spouse Issues

    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?
  49. 1 point
    ojosazulesma

    i guess i am lost on licensing

    Oh, and Adjusterjack, please stop talking!!! If you were intelligent at all you would realize how utterly stupid you really are. When you talk to these people like they dare to ask a question that requires actual intellect to understand then you say the most idiotic thing you think makes you sound like you actually know something. YOU ARE A TOOL! Apologize to the person who posted Report #5
  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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