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Everything posted by pg1067

  1. If you don't want to provide relevant information, that's up to you. Dozens upon dozens of folks post here every week. You go weeks or months between posting, and if you think I'm going to remember details of your case, you're crazy. You're also crazy if you think all the circuits are basically the same. At a bare minimum, at least be clear that you're talking about a federal court. By the way, this is the first time I can recall you affirmatively saying that you don't want to identify the court.
  2. Please don't use funky fonts and all caps. It makes it unnecessarily hard to read what you write (and all caps is typically considered "shouting"). Who exactly are these "inlaws"? You said your husband's father and his stepmother died. You didn't mention his mother, but you did mention three of his siblings, so I assume that's whom you're talking about. Are you saying that you live on property owned by by your deceased husband's siblings? Do you or did your husband own any interest in the property? Co-sign what? So...does that mean you own the property? Huh? Most of the information in your post is irrelevant. If you provide relevant information, we can probably point you in the right direction. In addition to the questions I asked above, please identify your state.
  3. I don't know what the last eight words of this sentence might mean. Regardless, the court will issue the mandate in its own time. Depending on what circuit the case is in, the judges and clerks might just be really backed up. I don't know what this means, but en banc consideration is almost never going to happen unless someone requests it. Is there a reason why, after over 1,000 posts here, you can't seem to get it through your head that you need to identify the jurisdiction when you post?
  4. Thanks. We'll get right on it. Seriously, what is the purpose of your post? This isn't a forum for griping. And what would make you think that whatever it is that happened to you should be handled by a class action suit? Your post doesn't indicate that anyone else experienced anything similar.
  5. Depends on the applicable state (or federal) law, the applicable court rules and how the judge(s) who consider your request feel about your request. Literally thousands of things "could be the [reason for] the delay. What purpose would be served by guessing about this? Also, doesn't this relate to a thread you started last week? If so, why are you starting yet another thread?
  6. The first link is to a statute that allows for a complaint "to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself." Subdivision 2 discusses the procedure for making a complaint in a municipal or justice court. The second link is to a published opinion that is longer than I'm willing to read. Also, FYI, I'm not in NY and, as far as I know, neither is any other regular at this site. Here's a link to the web site of a NY lawyer who purports to be "the dog bite king of the legal universe." It seems to have a pretty good discussion of the relevant law. As far as the duty, again, since the attack happened when your dog trespassed on the neighbor's property, I'm skeptical that you could sue successfully, but by all means consult with a local attorney.
  7. What would make you think we need or want to see nasty pictures of your dog's injuries? I'm not familiar with any "dangerous dog" laws in NY, but your dog trespassed on the neighbor's property, so it's unlikely that you could successfully sue for the damage to your dog. You can contact the local animal control officer.
  8. Maybe I missed it since you used no punctuation or capital letters here (other than "I" and "GPS," but it doesn't appear there's a question here. Do you have a question?
  9. The only person who can intelligently assess the merits of a potential medical malpractice case is a local attorney who specializes in that area and who has reviewed the relevant medical records.
  10. What's an "Artesia doctor"? Also, you didn't ask a question, so I'm not sure what the purpose of your post is.
  11. So...I'm guessing that you and the child's mother were never married. Correct? If so, was your paternity ever established? If so, how was it established? FYI, "my name is on the birth certificate" is not an answer to that question. Also, in what state do you live (and, if different, in what state was the child born)? Not really sure what all this means. If there's a custody/visitation order in place that the mother is violating, then you need to enforce it. If no such order exists, then you need to petition the court to get one. I suggest you confer immediately with a local family law attorney.
  12. For starters, was your paternity ever established? If so, how was it established? Are there existing court orders relating to custody and visitation? Your statements that you "never went to court" and that you "both have custody" are conflicting. The bottom line, though, is that, unless there is a court order that prohibits her from taking the kids with her when she visits her husband, she is entirely within her rights to take them.
  13. Seek appropriate medical treatment. If you're thinking you might have some legal claim against the hotel, that's unlikely. Oil in parking lots is common, and you're supposed to watch where you're walking. Nevertheless, the hotel's insurance coverage almost certainly has a component that will pay some amount (maybe $5-10k) for medical expenses regardless of legal liability, so you should inquire with the manager about that.
  14. It wasn't stolen. She's certainly going to be asked why it took her seven-plus months after the guy's death to do something about this. The explanation you gave above is pretty weak, but if that's all she's got.... And yes, calling the police and/or the insurance company would be a good idea
  15. Who are 'they"? If you're talking about the insurance company that the other driver identified, why would an insurance company that didn't have a policy covering the driver offer anything? The most obvious option would be to make a claim against his own collision coverage (assuming he carried it). Unless your son is a minor or you own the truck he was driving, there is no "we." No way $100/day is reasonable to rent a pickup truck.
  16. Not sure it matters, but here's a bunch of things that "ACC" might stand for. Care to share with us which one you intended? If a person did do something, then it is axiomatic that he/she can do that thing. Whether what you described is appropriate depends on the terms of your HOA's CC&Rs and by-laws. However, I suspect "adjusterjack" is correct.
  17. Not any county employee's responsibility to tell you that or even consider it. An answer to what? There's no way anyone here could possibly know whether re-zoning a piece of property in an unknown municipality in one of Idaho's 44 counties (each of which has different zoning laws) from "agriculture" to "rural residential" will or won't change your or anyone else's property taxes. If this is something that concerns you, you need to consult with a local attorney.
  18. What would possess you to write a lengthy paragraph explaining the concept of "catch-22"? Umm...is this a "real life legal situation" or is just an "example"? Can't be both. What's a "car stalk"? Also, there is no "loophole" in any law in any state that legalizes torture. This makes zero sense. Huh? If you walk the streets naked for more than a few minutes, you're going to be arrested, so I seriously doubt you've been doing it for six months. Unless you can write something more coherent, I can only conclude that you need to seek treatment from a mental health professional.
  19. Just because you and your attorney tell someone to stop contacting you doesn't mean that person/entity has an obligation to stop. Federal law (as cited in the prior response) provides a means by which you can limit the extent that a third-party debt collector may contact you. That law does not apply to an original creditor. I don't know if Kentucky has a similar law that would apply to an original creditor. I'm not sure what sort of "complaint" you have in mind, but you can file anything you like.
  20. I'm a little confused about your question. For the last two decades (at least), in order to get gas from a pump, you either have to put your card in a slot at the pump and get it approved before you pump or you got into the office before pumping and say, "I'd like $X on pump #5." In the former case, if you're done after pumping $2 worth of gas, then that's what you pay, and there'd never be a need to go "in[to] the office" and talk to someone. In the latter case, if you tell the person you want $2 and he/she says there's a $16.50 minimum, then you know that up front. I'm therefore trying to figure out why you would be pumping first and then going back to the cashier. I'm also curious where you found a gas station in 2019 where an attendant will pump the gas for you. Regardless, if you're told up front that there's a minimum, then there's nothing wrong with that. On the other hand, if you're not told until after the fact that there's a minimum charge, that wouldn't be enforceable.
  21. The only way to answer this intelligently would be to read the contract that contains the "income based repayment plan." Since I have no ability to do that, I'll simply point out that the term "income" is much broader than "salary."
  22. Huh? What "income based payments on debt" are you talking about? Yes. If you're the sole owner of the S corporation, it would be disregarded for tax purposes. I strongly encourage you to consult with a local attorney for advice before doing something you don't understand.
  23. According to you, the proper step (singular) is to "provide written notice at least 90 days before moving." Is there some reason why you think there might be something else? According to you, "[n]othing in the paper says [you] cant move." I assume "the paper" refers to your divorce decree. Sounds like you have already decided to move. Is there any reason not to let your ex no now that you plan to move so that you can try to work something out in advance?
  24. You obviously have a defense since you outlined it in your post, so what exactly does this question mean? What you said when, and to whom?
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