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RetiredinVA

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Posts posted by RetiredinVA


  1. What is an "electrodiagnostic baseline system" and why did the company decide such an exam was necessary?  The only type of test that comes to mind is a lie detector test.

     

    33 minutes ago, Auron said:

    employer forcing an employee to consent to a purely financial based examination?

    How is the alleged examination a "financial based examination"?  Is the company being paid for the employee's participation?


  2. Actionable discriminaion has to be based on a protected class or status, such as race, religion, sex, national origin, etc.  A health care provider is allowed to decline specific treatment to a class of patients, such as new patients.  Indeed, that is the new norm.  You may be aware that NSAIDS, like ibuprofen, have been demonstrated to provide equal or greater pain relief compared to opioids.


  3. The basic concept is that a listing of real property for sale is a solicitation of offers.  Because of the statute of frauds (google it) a contract for the sale or purchase of real property  is only valid if it is witnessed by a writing containing the signature of the party  charged with complying with the contract.  (I know there are exceptions so please don't flame me)  Sales of other types property are regulated by other, usually more lenient and permissive rules, like the Uniform Commercial Code.  

     

    What it boils down to is that real estate is considered, and has been considered, a special form of property for the thousands of years of legal thought.

     

    I might point out that a legitimate offer at the listed price may result in the seller owing the real estate agent his or her commission if the offer is rejected.


  4. You had American citizenship when you were born because your father was an American citizen.  However, your parents must file a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document your citizenship.   See: https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html for further details.

     

    You are also entitled to American citizenship if you are under 18 years and were adopted  by and live with an American citizen.  See https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/us-citizenship-for-your-child.html


  5. The landlord has the obligation to maintain the property in habitable condition.  ORE. 90.320.   But the remedy for not maintaining the premises in habitable condition is termination of the lease. ORE 90.360.  It is not clear that a damaged garage would constitute an issue if habitability.

     

    It is only minor defects that allow the tenant to repair and withhold, minor being repairs costing less the $300.  ORE  90.368.   If the tenant decides to repair and withhold, however, the tenant must abide by an extensive list of notice requirements. 90.368.


  6. why would you move into a place like that?  If you report the problems to code inforcement, it is possible they will condemn the place and you will be out in the street.  

     

    Your first step is to give the landlord written notice of the need for repair.  Keep a copy of the written notice.  If the repairs are not made you can either move out or repair and deduct the cost of the repair from the rent.  However, in Oregon you may not deduct more than $300 for the repair.  It doesn't sound as if you have less than $300 in repair costs ahead of you.  

     

    See if there is a landlord-tenant office in your locality for further assistance.


  7. You have consulted five lawyers who have given you five different answers.  It would be pointless for anyone to give you a sixth opinion.  It doesn't sound as if you have actually retained any lawyer but have gone from one to another seking "the truth."  At some point you need to put cash on the table and hire an attorney.  Shopping for better answers is a waste of time.

     

    Yes, you can be awarded spousal support.  Yes, it can be difficult to collect it if the bulk of your husband's income is from sources that cannot be garnished.  However, if support is awarded and your husband fails to pay, he can be incarcerated until he wises up. 

     

    A settlement agreement can be negotiated until the moment the judge rules or one or the other parties dies.  Judges will regularly order the parties to go out in the hall and settle this during the trial unti further negotiation is futile,   Judges hate to rule in divorce cases.

     

    In my experience, and based on the rulings of the Virginia courts, I need to advise you that a divorce is seen as a division of dollars, present and future .  The number of skirts a party chases or catches is irrelevant , absent extreme waste of marital assets during the chase.

     

    If there is a sizeable local bar association, find out who is the chairman of the domestic relations committee.  Hire him or her and listen to him or her. Stop listening to your friends and neighbors who claim to know exactly what will happen in your case because something happened in their cousin's case in Missouri in1997.


  8. 1 hour ago, Very confused said:

    I mean i really think that the law should really be changed on this

    Your can contact your state delegates and senator but as of now, your cousin's father (and the lawyers representing the estate of course) is the only one who can benefit from the suit.  Unfortunately, as the court appointed administrator you are required to prosecute the suit on behalf of your cousin's father.  You will be entitled to a commission as administrator.


  9. I assume the poster is named as a beneficiary in her cousins will and has been appointed executor of her cousin's estate. 

     

    I am sure she realizes that under Iowa law, only the decedent's spouse, children, parents and beneficiaries of the decedent's estate can recover damages for the wrongful death.  If the decedent was not married, had no children, and didn't have a will then the only person who can be awarded damages for the wrongful death would be his "sperm donor."


  10. I think you have posted about this issue three times now.  The answers will probably be the same.  If the grandmother filed to terminate your daughter's parental rights in Texas it is pretty obvious she needs to hire a Texas attorney to help her.  The attorney can deal with the venue problem.  You can help by helping your daughter pay the attorney's fees.


  11. There are a lot of people who work and have never filed tax returns.  I have had several as clients.  They were usually cash basis painters or handymen.   There were illegal immidrants who gave their employer false social security numbers and moved on when the IRS notified the employer the SSN didn't match their records.  The issue sometimes came up when the client was injured and asked for lost income damages.  


  12. In Ohio, grandparents have limited visitation rights.  According to the findlaw summary of grandparent visitation rights:

     

    In Ohio: A court may grant visitation rights if the child's parents are deceased, divorced, separated, were parties to a suit for annulment or child support, or were never married to one another. Grandparents must show they have an interest in the child's welfare.

    Adoption cuts off the visitation rights of grandparents unless adoption is granted to a stepparent.

     

    In Texas: The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include a determination that one of the child's parents is deceased, incompetent, incarcerated, or has had his or her parental rights terminated.

    Visitation may also be awarded if the parents are divorced, the child has been abused or neglected, the child has been adjudicated a delinquent or in need of supervision, or the child has lived with the grandparent for at least six months within 24 months of the filing of the petition for visitation.

    Adoption cuts off the visitation rights of the grandparent unless the adoption is granted to a stepparent.


  13. Disclosure requirements are state specific.  You did not identify the state where this occurred.   Was the garage door open during the rain storm?

     

    As a side question, when you posted your question there was a box that asked you to "tag the state" Did that suggest to you that you should identify the relevant state?


  14. 2 minutes ago, Dr. Dan said:

    Don't they have the right to **** it back up without warning if they choose to?

     

    I would assume the utility company has an easement over the area where the hole was dug.  If that is the case, they have the right to keep the hole open until they have finished whatever they were doing.  


  15. This appears to be a restatement of a prior thread.  One possible problem is that apparently none of your ex-husband's representations were under oath.  If that is not correct, please state so.  It sounds as if every thing was discussed and arranged through a mediator.  However, you also mention an arbitrator and said the arbitrator "ruled" that your "earnings" ended when you ex-husband changed jobs.  There is a difference between an arbitrator and a mediator.  Which was it?

     

    Also, you vacillate between "earnings" and "alimony" and "asset". 

     

    You said you had an attorney.  You need to discuss this with your attorney who should know exactly what happened and can advise you as to future action, if any.

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