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MiddlePart

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Everything posted by MiddlePart

  1. In general, there is no private right of action against a healthcare provider who may have violated HIPAA. The general recourse is to file a complaint with the Department of Health and Human Services who can investigate and may impose penalties or other consequences for the violation. https://www.hhs.gov/hipaa/filing-a-complaint/index.html There are some exceptions to those general comments though, and depending on exactly what the medical professionals or the health center did that you believe constituted a HIPAA violation, there might be other remedies available. You appear to be correct that federally qualified health centers (FQHC) are able to get the benefit of governmental sovereign immunity, but if you have a claim against a center that did what it needed to do to have the benefit of that program, all that means is you have to pursue your claims against the federal government instead of the FQHC, and in doing so comply with the procedures and other requirements to bring a claim under the Federal Tort Claims Act (FTCA). This web page, and some of the documents it links to, have a pretty good summary of what's required to bring an action subject to FTCA. https://bphc.hrsa.gov/ftca/coverageverification-claimshistory/index.html
  2. Instead of PG1067 probably meant to say: If the judge signed it, it is presumptively legal.
  3. There's no need to shout. If you disagree with the court order, you can file an appeal. There might also be a basis for a post-judgment motion in the trial court. If you were represented in the hearing, your lawyer can effectively advise you on your options.
  4. There are some resources on the webpage (below) that should lead you to an answer to your questions. https://guides.sll.texas.gov/landlord-tenant-law
  5. You will need to identify which state and which city or county within that state issued the ticket. With that information, the folks who post to this message board might be able to assist.
  6. I'm assuming that you loaned the money as a personal loan to your daughter-in-law (and not, say, as a loan to a corporation or other business entity that she owned). I'm also assuming that the bankruptcy that was filed in Nov 2018 was her personal bankruptcy. I'm also assuming that while the loan agreement was in writing, you didn't formally take a security interest in any property -- that it was just in effect a signature loan. On that basis, you need to consult with a bankruptcy attorney ASAP. You are a creditor in her bankruptcy case, and will be paid, if at all, out of the bankruptcy estate. To that end, you need to timely file a proof of claim, and otherwise monitor the case to determine whether you'll be paid anything and, if so, how much.
  7. Who else would have a copy? Ordinarily, only the landlord and the tenant(s) have a copy of the lease, but I suppose its possible that there are circumstances where someone else might have a copy. If that applies to you, then you would ask the someone else to give you a copy. But why wouldn't you just ask the landlord for a copy of your lease?
  8. Assuming that this means that your friend the borrower is in breach of the loan terms, you could file a lawsuit against the borrower to claim the amount you are owed. Engaging a lawyer to assist in this effort might be worthwhile. You could also try to engage a collections firm to do the work for you, although you'd have to pay the firm for its services (which might be in the form of a substantial percentage of the recovery). How to foreclose on and sell the collateral is likely to be a little more complicated and beyond the scope of this message board to advise you on. What is required to do that will depend on the laws and court rules in your state (which you didn't identify). If you want to pursue this option for getting paid, I'd suggest you consult with a lawyer in your area who can advise you on how to go about doing that.
  9. If you would identify the state and city in which the house is located, the folks who post to this board might be able to identify applicable state or local laws and regulations that apply to your situation. You have said that the new owners are located in Westchester NY, but that doesn't necessarily mean that the house is also located in Westchester. State or local laws and regulations might afford you longer time periods or otherwise give you additional protections.
  10. It could be either, depending on the the particular circumstances of who did it and what, if anything, that person did with the videos. ===================== SECTION 16-17-470. Eavesdropping, peeping, voyeurism. (A) It is unlawful for a person to be an eavesdropper or a peeping tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a peeping tom. The term "peeping tom", as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term "peeping tom" also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both. (B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection: (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both. (C) A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any photograph, audio recording, video recording, digital electronic file, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than ten years, or both. (D) As used in this section: (1) "Place where a person would have a reasonable expectation of privacy" means: (a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or (b) a place where one would reasonably expect to be safe from hostile intrusion or surveillance. (2) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person. (3) "View" means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity. (E) The provisions of subsection (A) do not apply to: (1) viewing, photographing, videotaping, or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility; (2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments; (3) any official law enforcement activities conducted pursuant to Section 16-17-480; (4) private detectives and investigators conducting surveillance in the ordinary course of business; or (5) any bona fide news gathering activities. (F) In addition to any other punishment prescribed by this section or other provision of law, a person procuring photographs, audio recordings, video recordings, digital electronic files, or films in violation of this section shall immediately forfeit all items. These items must be destroyed when no longer required for evidentiary purposes. HISTORY: 1962 Code Section 16-554; 1952 Code Section 16-554; 1942 Code Section 1192-1; 1937 (40) 478; 1993 Act No. 184, Section 99; 2000 Act No; 363, Section 1; 2001 Act No. 81, Section 14.
  11. You would open an estate in the Mississippi courts, an executor gets appointed, your dad's creditors (if he had any) would be notified, and then once all claims are resolved, the court authorizes distribution of the estate (and the executor carries out the order). The court order identifying you as the sole heir is what's needed to have the property retitled in your name. Once you have the Mississippi court order, appropriate documents would need to be filed in North Carolina. A Mississippi lawyer that handles wills and estates can assist you with the process.
  12. A lawyer who handles employment matters (and, more specifically, employee benefits) is likely to be useful to you for these issues. Whichever lawyer you retain will need to review carefully the documentation around the stock options, vesting, severance, and other terms to be able to advise you on what choices you have.
  13. The OP indicates in his signature that he is in Illinois. If your actions kill the tree (or if you otherwise cut off more than the law allows you to), you would at least be liable for the value of the tree and, possibly, triple damages under the wonderfully-named Illinois Wrongful Tree Cutting Act http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2060&ChapterID=57
  14. It depends on what the assets in your father's estate were, and how they were titled. Georgia law on what happens when a person dies and doesn't have a will (aka intestacy), but is survived by a spouse and children, is that the surviving spouse and children share in assets that would be subject to probate. But some assets aren't subject to probate (for example, as adjusterjack points out, real estate that is owned jointly with right of survivorship; other examples include bank or investment accounts that have designated beneficiaries). It might be worthwhile for you to find a local lawyer to meet with and discuss the situation in detail -- to review what assets your father had and how they may have been titled, with the goal of determining whether legal action is worthwhile.
  15. I'd disagree slightly with cbg's analysis of GDPR. A person or business in the US will be subject to GDPR to the extent that the US person or US business is processing personal data of people in the EU in connection with the sale of goods or services to people in the EU, or to the extent the US person or US business is processing personal data of people in the EU in connection with monitoring behavior of people in the EU to the extent the behavior takes place in the EU. In either case, it doesn't matter that the person or business handling the data is in the US (or any other location outside the EU) - what matters is that the underlying activity is occurring in the EU and on that basis the EU can regulate it. That said, it doesn't seem like the GDPR would apply to the matters described in the OP's post.
  16. Given your age, you may need to proceed a little differently than RetiredinVA suggests (above). take a look at these websites for information and forms that appear to address your particular situation (a person who acquired US citizenship at birth or before age 18 but didn't file the right paperwork before turning age 18). https://www.uscis.gov/n-600 https://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions and, perhaps, speak with a lawyer in your area who handles immigration and may be able to assist you with the preparation and submission of the form
  17. What did the landlord say when you asked him/her to repair it? Have you had a contractor give you an estimate on the repairs? If this is rental property, the landlord may have some obligation to repair, and if the landlord fails in that obligation you may be able to repair it yourself and deduct all or a portion of the cost from your rent.
  18. On the limited facts you've provided, I don't see a basis for a successful suit. But it may be worthwhile for you to consult with a lawyer in your area who can review all of the relevant documents, information, and case files and give you specific guidance as to whether an appeal is still available or whether you are likely to prevail in a separate lawsuit. What I glean from your post is: You didn't pay the taxes as and when due. The taxing authority probably sent some delinquency notices before taking action, and you still didn't pay. Then there was a foreclosure case, which involves notices and other court filings, and a court proceeding, and you still didn't pay. While I can certainly understand that being incarcerated is a hindrance, even incarcerated, you would have been receiving correspondence and would have had at least some ability to be in contact with the taxing authority or the court to defend your interests. You say that you qualify for a grant that would have been sufficient to pay the taxes due -- which leads to the question why you didn't obtain the grant earlier in the process and pay the bill or use that information to work out some kind of arrangement. --------- The rest of your post -- the reference to Supreme Court decisions regarding excessive fines, your description of your brother's case, and your recap of your educational background -- doesn't seem to relate to or have any bearing on your question.
  19. It is possible that your family member was referring to this statutory requirement in Oregon (I've added the boldface, and deleted parts of the statute that don't appear to apply to your situation based on the description in your post). If the landlord failed to meet the statutory requirements, then you would be eligible to claim damages from the landlord. You should also take a look at Oregon statute 90.532, which covers the options available to landlords for charging for utilities. But you very well may need to go to court to get this sorted out; recommend you meet with a lawyer in your area who handles landlord-tenant matters who can review the documents and advise you. The exact wording of the lease matters a lot. 90.315 Utility or service payments; additional charges; responsibility for utility or service; remedies. (1) As used in this section: ... (d) “Utility or service” includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal. (2) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant’s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant’s dwelling unit. (3) If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month’s rent, whichever is greater. (4)(a) Except for tenancies covered by ORS 90.505 to 90.850, if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant’s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant’s dwelling unit. ... (e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 but is grounds for termination of a rental agreement for cause under ORS 90.392. (f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month’s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater. ... (9) This section does not preclude the tenant from pursuing any other remedies under this chapter.
  20. Based on the text of the entire clause (and assuming there's nothing in any other section of the lease that bears on the question), I think you have the better argument -- that the landlord should be charging you $110 ($50 + $30x2) and not $160.
  21. Please quote the whole section of the lease that references the charges for violations. The portions that are missing from the excerpt that you quoted in your original post may help determine the answer to your question.
  22. I'm unclear on what you're asking. Perhaps if you could be a little more specific as to the situation you are encountering -- don't use names, but explain generally what's going on. Might be able to give you some guidance then. In general, the law of the state where the contract was entered into governs the interpretation and enforcement of the contract terms (unless the contract terms include a choice-of-law clause designating a different state, in which case the law of the designated state will generally govern). Depending on what the problem is, federal law might also apply. In general, for state agencies that issue licenses, the law of that state governs agency action (although potentially in some circumstances federal law might also apply).
  23. The Minnesota statute that you reference -- 609.857 -- makes it a criminal offense to aim and discharge a "laser or other device that creates visible light" into the cockpit of an aircraft that is in flight or that is taking off or landing. I'm assuming from the statute reference and your comment that the person charged with the offense would like to argue that he/she should not be guilty of the crime because he/she was using a flashlight and not a laser. However, it seems to me that a flashlight is a "device that creates visible light," which is in scope of the statute, and so that may not be a good defense. But there may be other facts that would affect the analysis, and so you (or the person charged, if it is not you) should consult with a competent criminal defense attorney for guidance.
  24. Cannabis, and cannabis related products, are still almost all illegal in North Carolina. This website appears to have a pretty good summary of (or links to) current laws in North Carolina on that topic. https://norml.org/laws/item/north-carolina-penalties-2
  25. This webpage may have the information you are looking for. The relevant forms are found elsewhere on the same website. But this is a state-level website and, apparently, there may be some county-level requirements that also apply. For certainty, one would also want to check at the county level in the county where the property is located. http://floridarevenue.com/property/Pages/Taxpayers_Exemptions.aspx
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