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RetiredinVA

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Everything posted by RetiredinVA

  1. A lot more information is needed to comment on this case. To start, I don't believe it was stated that the injury occurred in a hospital. On the contrary, every hospital room I have ever been in (and I have been in a lot because of family illnesses) has the sharps container mounted on the wall. It is extraordinary to find a sharps container sitting on a nurse's desk. I question why the container was where it was. This could have happened anywhere, including a school nurse's station where immunization was in progress. Also, Fallen when I strted practicing law in about 1980, it was a given that the insurance company would automatically assume the pain and suffering amounted to three times the medicals. One of the reasons I retired, to be brutually honest, was that insurance companies are now requiring personal injury cases to go to the brink of trial and are offering little or no compensation for P&S. One of the judges in one of the courts where i tried cases actually said "____ County jurors are developing a high tolerance for the pain of plaintiffs." I don't actually see this as a med mal case. But you should also be aware that expert witnesses willing to testify against their colleagues will charge outrageous fees for doing so. On the contrary, the allegedly negligent doctor can produce his friends to testify as experts on his behalf for little or no compensation. Take my word for it, I've been there. I am also concerned about the OP's comment that she has been contacted by an attorney. It is not clear which side the attorney is representing or hoping to represent. How did the attorney find out about the case?
  2. I assume you have already been divorced since you refer to the other party as your "ex." It would have been best to have dealt with this in the divorce process. Your only alternative now would be a partition suit. The court can order the property sold and you could be, probably, the only bidder. You would have to take the property subject to the existing mortgage or a refinance of the mortgage, of course. The main problem would be service of process. You have not designated your state so I cannot comment on the possible ways of achieving proper service but publication is a possibility.
  3. Isn't that what he said? Specifically, he said, "On advice from a lawyer in Fl, when I did a short sale their. my NY home was put into a land trust. The trustees and beneficiaries are my 2 sons." Of course he was trying to avoid having to pay a deficiency on the FL property or from even being considered for a short sale by (fraudulently?) conveying his NY home to a trust, of which he is not trustee. Now it's coming back to bite him on the rear. Sad.
  4. Your question is internally inconsistent. YOu said that during the short sale the property was placed in a land trust with your sons as trustees and beneficiaries. Then you said YOU tried to sell the property. Clearly, if your sons are trustees only they can sell the home. If they sell it, the proceeds will go to your sons as beneficiaries. The proceeds going to the son with the outstanding judgment will be subject to the judgment. The deed will be a trustee's deed.
  5. It is easy to say "file for divorce" as the answer to this sort of situation. But before you file for divorce you have to have grounds. Some jurisdictions may have lenient standards for filing, but in others you may have to be separated for a set period of time (six months to a year is common, often longer where children are involved). Or you may have to establish desertation, adultery, incarceration, or other grounds. Unfortunately the aggrieved party may have to actually move out of the marital home to establish grounds. Have you tried counselling, intervention or other avenues to attack the alcohol problem that is leading to the divorce?
  6. I read the query more ominously. The OP says the family wants the father to adopt the child and the mother will "give up her parental rights." In other words, the parents will force the child to take full responsibility for the child and they, and the mother, will have nothing to do with the child thereafter. In my experience with Muslim people, a woman who has had sexual relations prior to marriage, or outside marriage, is shamed and is a shame to her family. The broader concern is not for whether the mother will take the child to Egypt, it is what will happen to the mother after the child is born.
  7. Please see Ohio REvised Codes 2107.52((2) at http://codes.ohio.gov/orc/2107. The children of the deceased child take the share per stirpes.
  8. The main problem is that patients would be contacting your company with the specific intention of obtaining some sort of preliminary authority to use a controlled and illegal substance. You suggest the authorization could be used as a defense in a criminal action. That is not how medicine works. A patient is diagnosed by a medical professional who, after consideration of the patient's symptoms and conditions, decides on the appropriate medication. In your scenario the patient decides on the appropriate medication, always cannabis, and seeks confirmation of a diagnosis that could warrant the medication. Finally, it is apparent that by asking the questions you have posed that you suspect your proposal may be illegal. What you are looking for is someone to say that legally what looks like a duck, talks like a duck, and walks like a duck is not really a duck. Not likely to happen here.
  9. It appears to me that what you need would be a carefully researched opinion letter from an attorney. Such a letter would assist you in raising funds to finance your operation and provide some cover if law enforcement decides your org is conspiring to avoid prosecution for drug use. The issues you present are complex and, in my view, way beyond the purview of an online legal discussion group like this. Having said that, I am sure others will comment on your questions. But, my advise would be to retain an attorney to thoroughly research the subject and write a formal opinion letter.
  10. Federal Courts do not take jurisdiction of probate matters. See e.g., http://www.farrellfritz.com/wp-content/uploads/art-255.pdf Thank you for your good wishes about my retirement.
  11. Private investigators call it "skip trace" and they would be your best option. I don't know who would do it for free since your local agency will not help.
  12. You are confusing exchanging information about the law with giving legal advice. The members who comment here are adverse to giving advice. We are not your lawyer and we are not going to tell you what to do or not to do. I have to say your attitude about lawyers in general and your comment that your only lawyer is a legal malpractice attorney leads me to bid you farewell and suggest you not come back.
  13. Service of process on persons not in the United States is govrned by the Hague Convention. http://www.hcch.net/index_en.php?act=conventions.text&cid=17 If you want to do it the hard way review the above web site. However, if your soon to be ex is agreeeable you can probably work something out whereby he willl sign and file an acceptance of service, answer, and waiver of further notice that will relieve you of going through the hoops you might otherwise go through. I have done that where neither party wants anything except the end of the bonds of marriage. If either party wants support, custody, or property distribution you are probably in for a long haul. BTW if your soon to be ex is in the military on active duty that creates an even larger bag of worms. Fallen, I didn't practice in California but my personal record for an uncontested divorce was 24 hours. That was in Virginia.
  14. Got it. Landlord robbed you of 200g, cops did nothing. Sorry to hear that but unable to comment further.
  15. Anything can happen but it is unlikely your ex's inheritance will change your spousal support. Spousal support is based on need and income. Inheritance is not considered income - it is an increase in assets. However, if the inheritance is so large that it significantly increases your ex's income from investment somewhere along the line it may have some effect on your spousal support obligation.
  16. The first thing you need to do is to notify your husband's insurance company of your claim. HIs policy may include medical payment coverage which is available without fault. His liability insurance may also cover all your injuries and lost wages, if any, plus compensation for your pain and suffering.
  17. You are probably aware of the AOL case. http://www.internetlibrary.com/cases/lib_case142.cfm
  18. Your first filing was a motion to quash the subpeona. Since that pleading has not been considered by the court I think you are being optimistic in believing it will be considered seriously. How could the opposition file and properly serve a response if you filed the pleading anonymously? Such a motion virtually mandates that it be filed by an attorney admited to practice in Virginia. Your response to the opposition should have been called a "Response to the Plaintiff's Opposition . . ." However, such a response may not be permitted by the local court's rules. Otherwise you get in a "Response to the res ponse to the response . . ." endless cycle. On motions day many judges are not inclined to be reading "responses to responses to . . ." Anyway, I cannot conceive how you can avoid identifying yourself if you intend to appear at the scheduled hearing. Appearance in a court in Virginia (including the Federal courts, by the way) can only be pro se or through an attorney admitted to practice in the Commonwealth (or pro haec accompanied by a duly admitted attorney "from the waist down"). How is the court to determine if you are John Doe who can address the court if you refuse to identify vourself? Also, you need to be cognizant of local rules in submitting documents (other than cases cited in your motion, brief, or response) prior to the hearing. Usually you will have to supply documents to the court and opposing attorney at least a week prior to the hearing. Copies of any cases (at least three copies) cited should be brought the hearing in case the judge doesn't favor visiting the library during the hearing (few do). If your case is in the Commonwealth or Federal Courts in the Eastern District of Virginia you should also be warned that you are in the land of the "Rocket Docket" If you are not very well prepared you may have your bleeding heart handed to you by the bailiff. GET A LAWYER.
  19. I suspect the OP is confusing drug testing before or during employment with drug testing in the criminal context. A criminal defendant can certainly contest the accuracy of a test and may have a right to have the evidence examined and tested by his own expert witness, at his own expense of course. But, I cannot imagine state owned or financed laboratories agreeing to make repetitive tests a right for a defendant. I would have to see a case or statute affirming that right. Essentially all state laboratories will claim they don't have the money, equipment, or personnel to do half what they are required to do, much less doing everything three times at the request of the defendants. I would mark this as an "urban criminal myth."
  20. The first questions that came to my mind, as a 50+ years shade tree mechanic, is "How far did you drive and how many minutes did you let the engine run after the oil light came on?" If you drove the vehicle any distance or allowed the engine to run for even a few minutes after the oil light came on you may have destroyed the engine. Perhaps that is why the dealer suggested you perform unnatural acts.
  21. You probably need to give the tenant proper written notice. It can be as quick as a three or five day notice-to-pay-or-quit. After that you are allowed to do much more in a commercial lease situation as opposed to a residential lease. You do not say where your property is located and laws vary depending on state law. However I have exercised several options and had them exercised on my clients. They have included exercising what is called a warrant or writ of distress, padlocking the building and simply filing a warrant for illegal detainer (eviction procedure). Under Virginia law, forinstance, in a commercial instance the landlord may have any property on the premises seized almost immediately to satisy the debt for rent. It is called distress. It really gets the tenant's attention when a deputy sheriff appears and begins tagging property and tells the tenant not to use or remove any property which can be sold at sheriff's auction to pay the rent. The property is essentially the sheriff's when it has been tagged. I have never had to go through the entire auction process because the tenant immediately finds the money to pay the rent. Although I once had distress served on a retailer who removed his property. He was arrested for stealing the property levied by the sheriff. A couple of my clients have had their property padlocked and/or security personnell posted to prevent entry. Of course the normal eviction procedure can and should also be immediately started. Essentially the rule in commercial tenant law is the law applied in other dealings between businesses. It is "Steel sharpens steel." There is little or no legal mercy between businesses. Get a lawyer and go after him or her.
  22. I misread the statement by the OP. There was a son mentioned but it was the son of the sibling, not the son of the deceased.
  23. The only writs I can think off being relevant in an eviction case would be: writ of possession instructing the sheriff to actually evict the tenant; writ in distress instructing the sheriff to take possession of property on the premises (usually only in commercial cases); and writ of fieri facies directing the sheriff to levy on property to satisy a judgment. If you are the renter none of these are very good for you. If it is a writ of possession the sheriff will probably notify the tenant that he or she will be returning on a specified day to have any property on the premises carried out and deposited on the curb. It's time to rent a u-haul and get out.
  24. Your verbal agreements and demands with your brother-in-law are not worth the paper they are not written on. The distribution of the estate will be governed strictly by state intestate (without a will) succession. Your brother-in-law will certainly be entitled to some percentage of your sister's real and personal property. Since she had a child of a previous marriage the percentage will depend on the state she lived in.
  25. I'm having some trouble with this one. How old was the car? What was the make and model? How much did you pay? Was the seller a reputable dealer or a curb-stoner? A curb stoner is a seller who doesn't have a lot or store but sells cars from shopping center lots or through newspaper adds. Since you are reporting an On-Board Diagnostic (OBD) trouble code I assume the transmission is an electronically controlled automatic transmission. My first thought is that there are very few mechanics who are capable of rebuilding an automatic transmission. You essentially need a factory to disassemble and reassemble an automatic transmission. So I believe you are up to your armpits in manure if the dealer says they are going to rebuild your transmission. I would be willing to bet the first time you brought the car back the mechanic just plugged in the ODB reader and erased the trouble code, hoping it would not pop up again for a while. It is difficult to tell you what to do in this matter. Certainly you could try to get the "dealer" to take the car back and sell it to another sucker. If he or she won't you could go to small claims court and claim the defect was concealed when you bought the car. Finally, you could stop paying the note and force the dealer to take action that you might be able to successfully defend.
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