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Everything posted by MiddlePart

  1. If when you say "Circuit Rule 27" you are referring to a Local Rule of the relevant circuit court, then I think the answer to your question is "both" -- F.R.App.27 generally controls, but the circuits have the authority to impose Local Rules and those are also binding on the litigants. You'd have to read both rules together. Although since F.R.App.27 has some specific time periods for when responses and replies are due, I wouldn't think that those time periods could be modified by Local Rule. But a Local Rule could include some particular requirements for what a motion (or a response or a reply) must contain that go beyond what F.R.App.27 requires motions (or responses or replies) to contain. By way of example, the Local Rule 27 in the circuit where I live adds a requirement that motions must indicate that opposing counsel has been notified in advance of the filing of the motion, and must also indicate whether opposing counsel consents to the relief or intends to file a response. Those requirements, as I'm sure you know, go beyond the requirements of F.R.App.27, but are nevertheless binding on litigants in that particular Circuit Court of Appeals.
  2. You might be saying that you co-signed on a car purchase with someone else (let's call that person 'Dave') and that Dave had been driving and using the car. And Dave had been making the payments on the car. But then you found out that Dave was late on the car payments (thereby creating the possibility of a claim against you from the lender), so you took the car from Dave. And now Dave won't sign over to you his interest in the vehicle and is threatening to "file a harassment charge" against you. Is that what happened? If it is, the analysis would be different than the analysis suggested by adjusterjack (above).
  3. A real estate attorney seems like the best place to start.
  4. The time you spend on the phone actually handling a call would typically be compensable at your hourly rate and might be payable at the overtime rate depending. The time you spend off the phone during periods when you are on call -- when you're just available to be called but are not actually on the phone -- is typically not compensable if you're otherwise generally allowed to, and as a practical matter able to, use that time for personal purposes. But if you're effectively restricted from doing anything during the on-call period other than waiting for the phone to ring, then the whole 'on-call' time would typically be compensable at your hourly rate and potentially at the overtime rate. There are some other factors that the courts (and the Department of Labor) would consider in evaluating whether and how much of the on-call time is compensable, but the employee's ability to use the time effectively for his/her own purposes is critical to the analysis.
  5. I am not sufficiently familiar with Georgia civil procedure to know the answer. Typically it is a relatively short time (sometimes 30 days or sometimes less than 30 days), but I just don't know what the rules are in Georgia on that point. Any trial lawyer in Georgia would know, however. It is also something you could look up online yourself -- court websites often have a link to the state's rules of civil procedure, so I'd suggest starting there.
  6. You wrote in your post that your lawyer believes you don't have a good case, and you also wrote that your lawyer is threatening to quit the representation if you don't accept the offer. Your basic options are to accept the offer, or to reject the offer, or to make a counter-offer. Recognizing that your current lawyer might try to carry out his threat to quit if you don't accept the offer. If you are not happy with the representation your current lawyer is providing, you are free to find another lawyer to represent you in the case. It is possible that your lawyer genuinely believes that the current offer is the best available option for you -- that continuing the case is not likely to lead to a better result -- and for that reason your lawyer is strongly recommending that you accept the offer. Not every case is a winner. In the end, it is mainly up to you whether to accept the settlement, but your lawyer is in a position to understand the case, to evaluate your likelihood of prevailing, and to evaluate other relevant facts and circumstances that may bear on the decision. It doesn't mean he/she is necessarily right, but you should at least discuss the situation with your lawyer so that you understand his/her reasoning for the recommendation and then you can make an informed decision on how to proceed. No.
  7. In general, you'd file an opposition to the motion, in which you present the legal and factual reasons why you believe the motion should not be granted. You'd file that opposition with the court. Eventually, the court will rule on the motion. Parties to a case are pretty much always free to discuss settlement of the case at any time, but nobody has to settle a case if he/she doesn't want to. Settling can often be a good idea and a sensible decision, but whether that's true in a particular matter depends on the facts and circumstances of the case, and the nature, amount, and terms of the settlement proposal. All of the matters I've discussed above -- how to file an opposition, what arguments the opposition should include, how to respond to settlement proposals, etc., are pretty basic to litigation. If you don't have a good handle on how to conduct litigation yourself, hiring a lawyer to represent you would be a really good idea. That you've received a "huge envelope of papers" that you don't understand is also a signal that having a lawyer represent you in this matter would be a sensible move -- the lawyer should understand the papers and their significance to your case, and will be able to advise you accordingly.
  8. I think you are asking whether the eviction is being done properly and lawfully under the particular circumstances. To answer that question, some additional information is required. 1) Who is named as a tenant on the lease? Is it just your sister, or your sister and the boyfriend, or is it all 3 of you? 2) If you are not named as a tenant on the lease, do you have a written sublease or are you living there only on an informal and unwritten basis?
  9. Your post is a little confusing and so it is difficult to offer you any opinions. I understand that you were in an accident about 6 years ago and in connection with that accident you refused a breathalyzer test. You had an attorney advising you then. It isn't clear from your post what happened next -- were you charged with a crime and were you convicted of a crime in connection with the accident? If you were, when was that conviction and what was the sentence? Not clear to me what you meant when you wrote " Never game a permit nor a appeal option..." Also not clear to me what you meant when you wrote: "now i need to appeal with satop as they put me on highest level witch it 75 hours of groups and counseling ..." I assume you are referring to a substance abuse traffic offender program (acronym: SATOP), the completion of which is sometimes imposed as a requirement for reinstatement of a drivers license following a DWI conviction. You then indicate something about driving while suspended and 2 pending, and now needing or wanting some kind of appeal. It was not clear to me what issues you are appealing and which case you are appealing from. It was also not clear to me what connection the 'driving while suspended' has to the accident. You also indicate that you were "wrongfully charged" (but it wasn't clear to me what you referring to when you said that) and you also indicate that "the case went on for 4 yrs" (but it wasn't clear to me which case, or what the result was, or whether it was related to the accident or not). You indicate you were charged with CNI -- which, in the traffic ticket context I think means failing to have the legally-required insurance (Charge: Compulsory Insurance, No Insurance). Strictly speaking, yes -- a judge will review any case you file. If the case has no merit the court will probably dispense with it quickly and unfavorably to you. On the other hand, if your claim has merit (or appears to have merit), the court will give it due consideration before reaching a decision. With some clarification on your story, this message board might be able to offer some suggestions more specific to your particular situation.
  10. It seems that in New Jersey, a notice to quit given less than 30 days before the end of the month will be effective as of the end of the month following the month in which the short notice was given. There is some case law on this topic, and it is briefly referenced in the useful guide to which adjusterjack provided a link.
  11. You're probably on safer ground sending your own 30-day notice to quit (which would be effective 10/31) rather than trying to accept the tenant's 30-day notice, particularly since there has been some indication that the tenant may have intended to withdraw her notice.
  12. As the vehicle owner, the rental company has some obligation to have certain minimum insurance coverages on the vehicle. The cost of those is (probably) baked into the rental rate they charge you. However, those coverages are probably not as broad scope as would be if you had your own car insurance and extended it to cover your rental cars, and likely won't offer you enough protection. Buying the supplemental coverage is probably a good idea for you, because you will be responsible to the extent the matter is not in scope of the rental company's insurance and you have no personal car insurance policy to fall back on. You should consider looking into whether you get some of that additional coverage from your credit card -- some cards offer rental car insurance coverage -- although even that may not be enough. If you rent cars frequently, there are non-owner car insurance policies available from some insurance companies that serve the same function as car insurance for car owners, and would probably be a cheaper/better option than buying the rental car company-offered insurance on a case-by-case basis.
  13. I believe that courts hearing these kinds of cases deal regularly with people acting out of spite, and accordingly know how to handle it. You'll have to present your evidence -- testimony (your own, plus that of any witnesses you might have), documents (if there are any relevant documents), and other materials (if there are any other relevant materials) -- to support your position and to counter the testimony and other evidence that she submits in support of her position.
  14. The intention to give, and the actual delivery of the item, is probably enough for most kinds of things. Because of the formal requirements for cars -- a title document that is signed and filed with the state -- more is needed than just the intention and the actual delivery.
  15. Did Xfinity tell you why they believe you are responsible for your brother's failure to pay on his account?
  16. To be able to answer your question, some additional information is needed: --Whose names are currently on the title to the house? --How is the house currently titled (for example: joint tenants, joint tenants with right of survivorship, tenants by the entireties, etc.)? With that information, the message board could give you some general guidance.
  17. This sounds like an unpleasant and difficult situation for you. Did you have a question that the people who post to this message board could try to answer for you?
  18. Based on the limited information in your post, I don't think you would have a strong claim against your former employer. Assuming that there is no collective bargaining agreement in place and assuming also that you don't have a written employment contract, you would be an 'at-will' employee. An employer can terminate the employment of an at-will employee at any time and with or without cause (so long as the employer isn't terminating the employment for one of the reasons prohibited by law, such as a decision based primarily on age, gender, race, etc.). The accident and resulting property damage may really not have been your fault -- but the employer can lawfully fire you and not be liable for firing you even if the employer gets its facts wrong. You may want to consider consulting with a plaintiff's lawyer in your area who can go into the details with you and give you a more thorough evaluation. If there are additional relevant facts that you didn't include in your post, that lawyer could reach a different conclusion.
  19. in the context of a civil case, the terms you probably are looking for are 'res judicata' or 'collateral estoppel.' Double jeopardy is a term applying exclusively to criminal cases. And, yes, those defenses might be helpful to you in opposing this second action. Either (or, perhaps, both) would be appropriate to raise in a motion to dismiss the second case, assuming the elements of the defense are met. The defenses are available whether the second case is filed in the same court as the first case, or whether the second case is filed in a different court than the first case had been. The details of exactly who the plaintiff(s) and the defendant(s) in the first action were and who the plaintiff(s) and defendant(s) in the second action are, what claims were presented in the first action versus the claims presented in the second action, the basis for the dismissal of the first action, and whether the dismissal was with prejudice or without, are among the things you'd have to analyze to determine whether either or both defenses are available.
  20. The ER is legally obligated to report the dog bite (or the injury that looks like a dog bite) to DOH. DOH will take that information and investigate. If the facts really are as you describe above, it would seem that you probably will be OK, although there's no way to predict the outcome with certainty. But if it turns out that there is more to the story than what you have provided (if, for example, the dog has a history of biting others), or if DOH doesn't believe your story, you could have a problem.
  21. it is in your (and the company's) best interest for you to be truthful. give the company the facts that you have and let the company worry about how to respond to the plaintiff. Yes, but you have indicated in your post (above) that your contact was pretty limited, and if asked about your contacts with the plaintiff you'll be able to give the company attorney that same information. Whatever risks you feel you may be taking by supplying truthful information, worse things will result from your supplying misleading, intentionally inaccurate, or otherwise false information.
  22. It is not clear what your question is. This link: https://nvcourts.gov/AOC/Templates/documents.aspx?folderID=8925 connects to a resource provided by the Nevada courts that includes a 'Landlord Tenant Handbook' that offers a pretty good summary of the Nevada landlord-tenant laws, and includes an explanation of eviction procedures and the laws that apply to them. Also, your reference to seniors' rights may indicate that Nevada Revised Statutes 40.251(2) is applicable, which does offer people who are at least 60 years old some additional rights in certain types of evictions. If per the headline of your post the eviction is occurring in Las Vegas, another resource that you may want to check is http://www.civillawselfhelpcenter.org/ which offers court forms for use in Clark County, NV and also includes a section with information on 'Evictions and Housing' Without some additional information from you as to what your situation is and what question you have about it, the people who post to this message board probably wouldn't be able to offer much additional guidance, beyond recommending that you speak with a lawyer in Nevada who handles landlord-tenant issues.
  23. Your reference to the use of a 'no order principle' along with a few other references ('fortnight') and spelling choices ('favour') suggest strongly that you are based in the UK. If that is the case, this message board is unlikely to be helpful to you because it is focused on US law.
  24. A taxpayer who wins a suit against the US Government (IRS) in connection with the determination of a tax can be awarded an amount for the taxpayer's reasonable attorneys' fees and costs incurred in the proceeding. There are several relevant limitations, however. Reference IRS Code § 7430. I don't know if there's any comparable relief available in a suit against the local USVI taxing authority, and it wasn't clear from your post whether your issue was with the IRS or with a local authority. Lost wages and time spent dealing with the matter would not ordinarily be recoverable in such an action.
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