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Everything posted by MiddlePart

  1. Since you didn't indicate which state this building is located in, I can only offer some general comments. The landlord may have some obligations under the law in your state to do repairs on major building systems which could, in a multi-story building, include an existing elevator. The landlord may also have some obligations under the terms of your lease to do those kinds of repairs (check the terms of your lease to see what obligations the landlord expressly undertakes in that regard). ADA requirements might also impose an obligation on your landlord, but it will depend in part on the size (height, square footage) and age of the building, and some other factors. You should at least start with a written request to have the elevator repaired and see what the landlord's response is. You should also consider consulting with a lawyer in your area who can advise you on the landlord's statutory obligations, and who can examine the details to determine whether you may have a good ADA claim. If the landlord doesn't repair the elevator in response to your written request, you might have to bring a legal action against the landlord to achieve the desired result.
  2. Presumably you can issue a payment to whoever you want to, but I'd think you're accepting unnecessary and avoidable risk by sending the payment to anyone other than the deceased patient at the last address you have for him/her. if there is a will, then the will should, generally, define who is entitled to those funds, which might not be the spouse or family member that you're aware of. if there is no will, then the intestacy rules of the relevant state define who is entitled to the property of the deceased and, again, depending on the particular circumstances, the spouse or family member that you're aware of might not be the right recipient. And whether or not there's a will, there may be creditors of the deceased who are entitled to be paid before the deceased's funds get distributed to anyone. The point being that in all those circumstances, you might end up having to pay the amount twice -- once to the spouse/family member that you decided to send it to, and once to someone else who really was entitled to it under the circumstances.
  3. Depending on how you have access to his email account, it may be unlawful under federal law for you to read his emails. https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
  4. You could consult with a lawyer who handles those kinds of matters. On the facts you've presented, you possibly may have a good claim, but there may be additional facts or circumstances that could lead to a different conclusion. A lawyer in your area who handles those kinds of matters on a regular basis would be best able to advise you. the 'Find a Lawyer' link at the top of the page is one way for you to find a suitable lawyer
  5. If he has been sued, then the court papers should include sufficient information to explain the debt. If he has merely received a demand letter, then you (or a Kansas lawyer working on your behalf) should do some research before responding. The court records from the original case will indicate whether the judge awarded costs in favor of the school district. If costs were awarded back then, they generally becomes an obligation of the juvenile once he/she reaches 18 unless someone else pays it first.
  6. You can't prevent someone from filing suit against you. However, if the facts turn out to be as you describe (i.e., that she is suing you for misappropriating things that you provably did not misappropriate or that you sold with permission of the owner -- your mother), then the court should find in your favor. You will have to attend the hearing and present your evidence. Some phones allow you to block text messages from particular senders. Check whether your phone offers that capability.
  7. A birth certificate is not an asset that would be included in the schedule of assets and liabilities that one files in a personal bankruptcy proceeding. Have no idea what you are referring to when you say there is a "cuspid number" appointed to you. RetiredinVA speculates that you might be referring to a 'CUSIP' number but even that doesn't make sense either -- CUSIP numbers are identification codes assigned to stocks, bonds, and some other investments and are mainly used in connection with computerized trading record-keeping systems to facilitate trades of the investments and for other related activities. CUSIP numbers are not assigned to people. I'm really hoping that anyone reading this thread will recognize that RetiredinVA is attempting to be humorous. Emphasis on attempting...
  8. I think more relevant Supreme Court case would be: State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003). or maybe, for California-based matters: Simon v. San Paolo U.S. Holding Co., Inc. 35 Cal. 4th 1159 (2005)
  9. the DC law on security deposits is here: https://code.dccouncil.us/dc/council/code/titles/42/ in section 42-3502.17 also 42-3503.05 and 42-3502.22 also here: https://www.dcregs.dc.gov/Common/DCMR/RuleList.aspx?ChapterNum=14-3&ChapterId=2251 (14-308 through 14-310) It looks like as long as the 'Apartment Preparation Fee' was adequately disclosed (and you indicate it was expressly disclosed in the lease and, presumably, with the documentation accompanying payment of the remainder of the security deposit) it is probably OK for the landlord to collect it. There doesn't seem to be anything in the statutes or regs that prohibits it.
  10. What does this have to do with the OP's question? There's nothing in his original post or anywhere else in the thread to indicate that the OP has commenced litigation or is currently considering any kind of settlement from his former employer.
  11. If you feel your medical records are not accurate, you have a right to request that the doctor correct them. 45 CFR 164.526. https://www.law.cornell.edu/cfr/text/45/164.526 The regulations include: --a procedure for requesting a change, --the time periods for a health care provider to respond to a request, --what health care providers are supposed to do if they agree with the request, --the bases upon which a health care provider can deny a request for a change, and --the procedural requirements for a denial.
  12. the Arizona law on dealer plates and when they can and can't be used may be found here: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/28/04532.htm You can read the statute yourself for guidance, but in general it looks like an Arizona dealer plate can only be used in some limited circumstances. Your post was a little confusing (at least to me) on what exactly is going on, so I don't know whether your situation fits within the limited circumstances in which it is OK to use an Arizona dealer plate or whether something sketchy is happening.
  13. I do view it as a covenant not to compete. It is an agreement that the doctor will not provide services to 'customers' (patients) of the medical practice that the doctor used to be associated with. And so at a minimum it would need to be evaluated against the requirements of section 15.50. But as I said above, one would have to look at all of the relevant language in the contract to evaluate its enforceability.
  14. One would have to look at all of the relevant language in the contract to be able to reach a conclusion. However, such covenants can be enforceable in Texas if they meet all of the relevant statutory requirements. As follows (the most important parts I put in boldface): Texas Business & Commerce Code, Title 2, Chapter 15 Sec. 15.50. CRITERIA FOR ENFORCEABILITY OF COVENANTS NOT TO COMPETE. (a) Notwithstanding Section 15.05 of this code, and subject to any applicable provision of Subsection (b), a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee. (b) A covenant not to compete relating to the practice of medicine is enforceable against a person licensed as a physician by the Texas Medical Board if such covenant complies with the following requirements: (1) the covenant must: (A) not deny the physician access to a list of his patients whom he had seen or treated within one year of termination of the contract or employment; (B) provide access to medical records of the physician's patients upon authorization of the patient and any copies of medical records for a reasonable fee as established by the Texas Medical Board under Section 159.008, Occupations Code; and (C) provide that any access to a list of patients or to patients' medical records after termination of the contract or employment shall not require such list or records to be provided in a format different than that by which such records are maintained except by mutual consent of the parties to the contract; (2) the covenant must provide for a buy out of the covenant by the physician at a reasonable price or, at the option of either party, as determined by a mutually agreed upon arbitrator or, in the case of an inability to agree, an arbitrator of the court whose decision shall be binding on the parties; and (3) the covenant must provide that the physician will not be prohibited from providing continuing care and treatment to a specific patient or patients during the course of an acute illness even after the contract or employment has been terminated. (c) Subsection (b) does not apply to a physician's business ownership interest in a licensed hospital or licensed ambulatory surgical center.
  15. Under federal law, it is generally OK to take those things into account in making a hiring decision. Those categories are not among the categories that federal discrimination law protects. Although you'd want to be careful that discriminating against candidates who apply from dissimilar climates/regions doesn't cross the line into national origin discrimination, which is unlawful at the federal level.
  16. This message board pretty much only deals with US law. We would not be able to speak to the requirements of British landlord-tenant law.
  17. I understand from your post that you signed a lease for Apartment 3xx, and then the landlord told you that the current tenant in that apartment decided not to leave, and so the landlord offered you a lease for Apartment 2xx as an alternative. The 'clause 7' that you quoted from the lease is not unusual in leases, and it generally protects the tenant. Without it, you'd probably be on the hook to pay rent for the apartment on day 1 of the lease even if you couldn't actually move in to the apartment. Which sometimes is because the previous tenant hasn't moved out, and sometimes might happen for other reasons (such as the landlord hadn't finished renovating or cleaning the apartment before your scheduled move-in date). I'm sure it is annoying to not get Apartment 3xx if that's the one you really wanted. It seems to me that you have several options available to you. 1) You could do nothing and just wait for the tenant in Apartment 3xx to leave. If you did that, your lease would be held in abeyance as a result of clause 7, and you'd be eligible to move in (and obligated to start paying rent) on Apartment 3xx just as soon as the previous tenant leaves. That scenario leads to the question of where you'd be living in the interim, but that's not the landlord's responsibility - their responsibility to is to give you Apartment 3xx as soon as it becomes available. 2) You could accept the landlord's proposal to sign a new lease for Apartment 2xx -- which then gives you a place to move into now. If you don't want Apartment 2xx, maybe there's another apartment in the same complex that you do want (and then you could ask the landlord to lease you that one instead). In either case, you'd just need to make sure that your lease for Apartment 3xx is canceled, which it sounds like they'd be willing to do. 3) You could also decline the lease for Apartment 2xx, ask the landlord to cancel your lease for Apartment 3xx (which it sounds like they'd be willing to do), and go look for somewhere else to live.
  18. You should probably remove personally identifying information from your post (examples: your address, the email addresses, your name, the Kroger peoples' names). The information you've provided suggests administrative sloppiness and bureaucratic delay in getting a check processed, and not any kind of unlawful discrimination. Keep after them - by email and by phone. If you're not satisfied with the response you're getting from your main contact, try and figure out who she reports up to and reach out to that person. Or just reach out to the company president -- not that he/she will likely get directly involved, but he/she will likely cause someone to look at your matter.
  19. You didn't say in your post which state this occurred in, but the google maps link seems to indicate New Jersey. Here is a link to the NJ Drivers Manual.https://www.state.nj.us/mvc/pdf/license/drivermanual.pdf Passing is addressed on pages 64-65. You could also look at the underlying statutes -- 39:4-82 through 39:4-87 -- that regulate passing. Available here https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish%3A10.1048%2FEnu These all may be helpful to you in predicting how a court would determine which driver was at fault in the scenario you describe.
  20. I can't speak to the requirements of the Texas law, but there are regulations under HIPAA that establish a right to amend health records. 45 CFR 164.526. https://www.law.cornell.edu/cfr/text/45/164.526 The regulations include a procedure for requesting a change, the time periods for a health care provider to respond to a request, what health care providers are supposed to do if they agree with the request, the bases upon which a health care provider can deny a request for a change, and the procedural requirements for a denial. If the person requesting amendment is unhappy about the denial, the regulation provides 2 basic avenues to address that concern. 1) The health care provider is supposed to have a complaint process that can be invoked, or 2) a complaint can be submitted to the Department of Health and Human Services.
  21. In general, with mechanics liens: there are typically some procedural requirements for enforcing the lien with which the auto repair shop would have to comply, but, subject to those, the lien will allow them to sell your car and keep the proceeds of the sale up to the $1600 that you owe, plus, perhaps, some or all of the costs of going through the lien enforcement/sale process. If the sale nets less than $1600 (plus costs), they can then come after you for the remaining balance. even if you're legitimately unhappy about what the auto repair shop did or didn't do on this job, I wouldn't think it would be worth giving up the car entirely for.
  22. https://www.courts.mo.gov/page.jsp?id=43918 https://law.umkc.edu/academics/clinical-programs/child-and-family-services-clinic/ http://missourilawyershelp.org/find-lawyer/discounted-pro-bono-services/ Possibly one of the resources on these web pages may be helpful to you.
  23. In general, a month-to-month lease can be non-renewed either by the landlord or by the tenant and for any reason or no reason (although the landlord cannot do so for discriminatory reasons) and usually on relatively short notice. A 30-day notice on a month-to-month lease is not unusual. But first check the written terms of your lease. It might specify a minimum notice period for non-renewal. You should confirm whether the 30-day notice you received complies with the lease requirements. This resource may be useful to you also. https://www.dca.ga.gov/node/1915/documents/11 Apparently there are some circumstances in which the landlord must give a 60-day notice to terminate, but it is not clear to me whether that applies to your situation. You can always ask for an extension, but the landlord isn't obligated to agree it. And if you stay in the premises after the lease terminates, you can then be subject to eviction proceedings.
  24. Missouri appears to be one of the states in which consent from both parties to a telephone conversation is not required. Only the consent of one party to the call is required.
  25. Before 2018, Florida law allowed judges to issue marriage licenses to people under the age of 18 if the female was pregnant or if the couple had already had a child. The wording of the old law seems to indicate that parent consent may not have been a strict requirement in those circumstances. But in 2018 the Florida legislature amended the statute as I described above, and the amendments completely eliminate the ability of anyone under age 17 to get married in Florida under any circumstance, and only allows 17 year olds to get married in Florida in limited circumstances. There is no longer a provision for judges to issue marriage licenses to people under 17.
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