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Showing content with the highest reputation since 06/16/2018 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
    To the best of my knowledge, no Ohio criminal defense lawyers follow these boards, so it's unlikely you'll get a response from anyone with personal knowledge of actual cases. Beyond that, and assuming that the time offered is within the range of sentences for the crimes charged, the reasonableness of any sentence obviously depends on the relevant facts and the defendant's prior record.
  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
    It appears that you will have to file a lawsuit.
  18. 1 point

    Attorney Negligence

    I agree you should consult an attorney who handles legal malpractice claims. The attorney could at least review the underlying facts, very few of which have been shared with us. However, given the scenario you have presented, a successful malpractice claim is a very long shot. You applied for disability and if was denied. You filed an appeal an you were again denied. To win a malpractice suit you attorney would have to prove that a second appeal would have been successful. Granted your second attorney was probably negligent in not filing your appeal. But you have already lost your case twice. Proving a second appeal would have been successful might be very difficult and expensive. Good luck.
  19. 1 point

    Work comp

    He will still be entitled to have his medical care covered for that injury. However, if he is working at another job, he will not receive any wage replacement since there is nothing to be replaced any more.
  20. 1 point
    The "requirement" of which you speak is either contained in your CC&Rs or the HOA's by-laws, both of which no one here has read. Either that or the "requirement" is something that the HOA or the particular director you mentioned arbitrarily made up. P.S. There is no such thing as "the title" such that "a copy of the title" could be obtained and provided.
  21. 1 point


    I think you may be referring to your "CUSIP" number. It is a number assigned to you by an unidentified federal agency identifying you as a corporation who can be bought and sold to investors. It may be present on your birth (berth) certificate or social security card in invisible red ink. It can also be decoded using you berth certificate name, in all caps, and your social security number. The decoding procedure can be found on several internet sites unless the government has shut them all down, which is a possibility. Your berth certificate is not the asset, YOU are the asset. The only danger in listing your cusip on your bankruptcy form is that your owner may take you away and lock you up in a state hospital for the insane to prevent you from revealing to the world the existence of the government's plan. After you read this put a piece of paper over the screen of you computer to keep THEM from reading it.
  22. 1 point
    Yes, Arizona just passed a hands free law but is only giving out warnings for the next year or so, so people can get used to the idea. Keep your registration and insurance card in your wallet with your driver license and you'll never have that problem again. You can call the court and ask the clerk. But if you have to go to court, make sure you go.
  23. 1 point
    You're not writing for follow writers. You're writing for people who want a good story. If not calling the police makes sense in your story, the reader will buy it.
  24. 1 point
    Just for clarity's sake, my opinion isn't any better or worse than any other anonymous stranger's opinion. With that said, I think what you're wondering is whether, regardless of the circumstances (including where the events take place), would a lifeguard or paramedics or hospital personnel call the police. The answer to that is absolutely and unequivocally no. The only reason to contact the police would be (1) if a crime were suspected; or (2) some law requires it. There are lots of circumstances in which a boy might "nearly drown" without any reason to suspect a crime. I'd be curious to know why the person in your writers' forum believes that the police would "have to be involved." To the best of my knowledge, the only time mandatory reporting is required is if the crime suspected is domestic abuse. There is no absolute rule that applies everywhere in the U.S. and regardless of circumstances that would require this. Concur.
  25. 1 point
    See. You know more about the judge than anyone on this forum. Lawyers local to you will know even more.
  26. 1 point

    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.
  27. 1 point

    Vehicle Impound

    This: https://az.aaa.com/?zip=85022&stateprov=az&city=phoenix&devicecd=PC
  28. 1 point

    retaliation after reporting abribe attempt

    It depends on what you mean by "compensation". If by compensation you mean lost wages, maybe. If by compensation you mean a big judgement against the company with penalties for them and a windfall for you, no.
  29. 1 point
    No. Reporting it right away would have been ideal, of course, but better late than never. She needs to get to a doctor right away both for treatment and to help provide good evidence of the damage that was done. Reporting it late will increase skepticism that the incident occurred at the hotel rather than someplace else, but that is not necessarily impossible to overcome. The hotel insurer might pay any way to avoid the costs of litigating it out. The employer isn't going to care about a complaint to the hotel unless the employer happens to own the hotel. She can't get into any real trouble for not having health insurance now that the Congress a year ago repealed the individual mandate. Her risk is that she'll have a medical problem (like this one) that she cannot afford to pay to get treated while she lacks insurance. She has a number of options to get subsidized or free health insurance if she has little or no income, including the state medicaid plan. Any health insurance would likely be better than having nothing.
  30. 1 point

    motion to suspend visitation

    I’m going to lock this thread on account of its age. Please try and limit one discussion per thread.
  31. 1 point

    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?
  32. 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.
  33. 1 point
    Sure. Then that's something his lawyer should be addressing at his trial.
  34. 1 point
    Only a court can appoint a guardian for children. No paper you sign has any legal significance in determining whether you can have custody of your children. Similarily, your original intent to have an abortion is irrelevant since that is not what happened. Granting temporary guardianship is frequently done for purposes of medical treatment or temporary residence. It can always be revoked by the parent. Notarization merely proves that the signatures on the paper were written there by persons who allegedly signed them. It has no other legal significance. You are entitled to take custody of the children if you can do so without causing a violent confrontation. If that is not possible, you can file for custody in the appropriate court.
  35. 1 point
    Your situation would not meet the requirements for asylum in the United States. Whether it might in some other country I cannot say. You also could not sue China for the house demolition in the United States nor likely in any other country either. When it comes to property rights each country sets its own laws and for the most part that does not raise any issues of international law. China is not the first country to seize property of citizens (with or without compensation) to use for government purposes or to turn over to someone else and I dare say it won't be the last. A number of countries simply do not have the long history of respect for private property rights that nations with law based on British common law or Western European civil law have. The Communist Party is supreme in China and does get to do pretty much what it wants to do. Suing the government there often does not turn out well. I am sympathetic to your situation; from what I have seen it is not unusual for China to do these demolitions suddenly and without warning when owners resist signing the agreements. But this isn't something that other countries can help you with, unfortunately.
  36. 1 point

    landlord breaking lease agreement

    That you most certainly do not have to comply with. Is this a house or an apartment?
  37. 1 point

    Failure to accommodate disability

    Darlene, They have shots for that.
  38. 1 point
    Hire an attorney in California to check it out and advise him what to do.
  39. 1 point

    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.
  40. 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?
  41. 1 point

    In The News

    No. Under Wisconsin law, it illegal to discriminate against an employee because of their marital status generally, not because of their marriage to a particular person or because their spouse engaged in unwanted behavior. The state Court of Appeals held that: Bammert v. Labor & Indus. Review Comm'n, 2000 WI App 28, ¶ 14, 232 Wis. 2d 365, 376, 606 N.W.2d 620, 625. What this means is that employer policies or decisions that treat employees differently simply because of the fact they are married (or not married) are illegal. This means it is the status of being married or single, rather than the identity of the spouse or the actions of the spouse, that matters here. So, for example, an employer who preferred hiring married persons thinking them more stable and reliable than single persons would violate the state act because the employer is discriminating against the applicants simply based on whether they are married or not, regardless of who it is that they are married to. It is not the identity of the spouse or what the spouse did that prompted the employer's actions but instead it is just the fact that the person is married (or not) in general that is relevant for the purposes of the Act. Thus, if the actions of an employee's spouse might be considered by an employer to bring disrepute to the employee, too, it would be legal for the employer to fire the employee. It is not the fact that the employee is married in general that is the problem; it is the actions of the particular spouse. Presumably the employee would do the same thing if the employee's live-in boyfriend/girlfriend did the same thing.
  42. 1 point
    You need to be VERY careful pulling it from a social media site. I can't think of one that doesn't claim copyright.
  43. 1 point

    Harrassment and threats

    Huge lawsuit for what? You may be able to get a protective order to keep him from harassing you. But nothing you alleged seems to justify any HUGE financial recovery.
  44. 1 point

    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.
  45. 1 point
    It's not an "advertising" law, it's a contractor's licensing law that says you cannot lead people to believe you are a contractor if you don't have a license. That's what you are being accused of doing.
  46. 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.
  47. 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.
  48. 1 point

    Age of Majority

    When the guardian(s) was appointed it was by court order. Read the order and see if it states the age at termination. Since the order would have been entered by a judge in Arkansas it should be governed by Arkansas law. I would take the position that it terminates according to Arkansas law under the Uniform Custody Enforcement Act.
  49. 1 point

    Mobile Home Leasing

    I have a home the South Carolina, Horry County. I own the I own the Mobile Home and it is paid off. The house is unfeasible to move it's bricked in and has stone pouches. I was told by the owner of the land I could rent the house out but after posting the house for rent he has now told me today I'm not allowed rent it. I have never signed anything that says I'm unable to rent my property out but the rental is month to month. I was told if I do rent it out he would give notice a force me to move the house which would destroy it. I have invested thousands of dollars upgrading the house before renting it. I am abiding by all park rules to this point but don't know what to do.
  50. 1 point
    Sorry, but there is no known document entitled, "The Constitution for America". So no one here is likely to be able to tell you "WTF happened" to it. Also, "Corpus deleti" is not a term that anyone here has likely ever heard of. There is something called corpus delicti, but a great legal mind like yours would have specified such term if that is what you meant. You've long since established your severe lack of intelligence in this thread, so there's no need to spike the ball.
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