Ask MetaFilter questions tagged with legal

Technical/legal questions about a site that will parody a trademarked brand

Riki tiki — Tue, 22 Dec 2009 19:59:14 -0800

I'm thinking of creating a political parody website that may step on some toes and/or trademarks. I have a few technical and legal questions about how best to go about this. So I had an idea for lambasting a prominent political party in the United States. I was shocked to find that a really obvious domain name for that party was available, but it may infringe upon a trademark for that party.

I know YANAL and YANML, but a little guidance as to the prudent first steps here would be appreciated. I would assume (but correct me if I'm wrong) that free-speech protections of satire and parody may protect me from some of the trademark issues. But I also sense that those lines may become fuzzier if I ever appear to draw a profit from the site. Is there anything I can do to reasonably ensure that my site is on firm legal ground without the cost of consulting an actual attorney?

On more of a technical level, does anyone know of a good hosting company that could be relied upon to keep the site running even if they got big scary letters on legal stationery from that political party?

This idea is still in the brainstorming stages, so I'm probably imagining a bigger future for it than will realistically happen... but I'd rather be overprepared than underprepared.

WorkAccidentFilter: Help me protect my mother.

jofuu — Tue, 22 Dec 2009 07:52:07 -0800

She's burned her hands at work and I fear the company doesn't even want her around. Here's a little (err, lengthy) backstory...

My mother just turned fifty years old. Previously, she ran her own house cleaning business for seven years before her arthritis forced her to leave. Over the past few years she's gone from job to job, never really fitting in and usually leaving (or being let go) from around 6 months to a year. Mostly she has picked up work waiting at various restaurants, but at five feet tall, diagnosed with post-trauma stress, alcoholism and arthritis it shouldn't be too difficult to understand why things haven't worked out. Unfortunately this is the type of work she's done all her life.

She has a tendency to be overbearing in that she never stops talking (in part, I feel, from the very solitary lifestyle she's acquired.) She doesn't really have friends because of this and, having no friends and little family who care to deal with her stress, has absolutely no confidence and seems to be always throwing herself under the bus in an effort of falling under the good graces of others.

!!!!!!!!!!!!!!!!!!!!!!!
So last week she started at a little soup shop that just opened up in her town. After a few days of training they eventually stuck her in the back kitchen thawing and handling bags of hot soup (160 - 200 degrees F). After her first day she complained that she had burned her hands. (The shop didn't supply their workers with any sort of protective wear) She had even attempted to explain to her boss the situation, but he was "busy". By morning the pain had not gone away so she visited the walk in hospital where they told her she had first degree burns and that she shouldn't be handling anything so hot in the near future. She was advised to have her boss file an accident report and then file workmen's comp.

The next day she was scheduled to work the front register and she went in as scheduled. Upon arriving she learned she would once again be handling the hot soup in the kitchen. Knowing that if she complained, not only would she incur the scrutiny of her boss, but her coworkers also - she stuck it out another day in the kitchen (she said her hands had been feeling better and would work with them). Last night she calls me up crying because again her hands are burned. She called the hospital back and they told her she should DEFINITELY not have worked in the kitchen, and that until she files workmen's comp. she shouldn't be working at all. So she called out of work today and explained what was needed before she could return. My obvious concern is what repercussions her attendance will have on her future employment with the company, and if the negligence on the part of her boss is wholly unwarranted and due, in part, to a personal bias against my mothers individual persona.

In the event she is let go, or neglected to the effect of her leaving, how can I protect her? I just helped her sign a lease on a new apartment and I don't know what we will do if her income is cut off. For the past few months she has received unemployment (which we will only partial now that she has a new job).
!!!!!!!!!!!!!!!!!!!!!!!

Her situation is recurring. The opinion of her family and former friends generally falls somewhere between sympathy and an attitude of questioning her ethics and values. She comes from a staunchly lower-middle class family (Catholic, nonetheless) but the town she was born and raised, which she raised my brother and I, has been slowly inculcated with an air of superiority due to a flood of new money. Life here is too fast for her, no doubt, but there is no where else to go. (and I can guarantee you, if there was money for a lawyer I wouldn't be posting this on Metafilter, no offense :) )

Yes, she struggles with alcoholism and has been charged with various petty charges due to her behavior when drinking, but she attends all the programs the state demands of her (at the expense of her time/energy/money). She's a very lonely person who doesn't have the means to help herself, and most people around her blame her struggles solely on her, or at least cannot make the effort to see the effect of the larger social system on the individual. One last thing I would like to mention is that, when she realized she had a drinking problem years ago she brought it up to social services and asked for help for the three of us, wherein DCF charged her with neglect and threatened to remove us from the home. She was in the middle of getting a degree so she could become a teacher and, now with much time wasted due to the neglect charge, finished her degree for nought. (At the risk of this becoming a tirade I would just like to throw it out there that in my opinion social services in the United States have much more to due with maintaining a population of workers than it does with helping individuals better their lives.)

Is my landlord trying to make a soup out of me?

CharlesV42 — Sun, 20 Dec 2009 20:46:03 -0800

Is there a legal maximum hot water temperature for a New York apartment? My hot water is clocking in at 157 degrees fahrenheit, or hotter than the center of a well done steak (measured with a digital thermometer, documented for posterity with a video).

I've found information on the minimum (appears to be 120 / 110 if there's an anti-scald valve), but not on the maximum. And this ruling appears to say that landlords have a responsibility to maintain a safe temperature, but I can't find any documentation on what that is.

Am i being a baby? Additionally, the temperature fluctuates between 110 and 155 so there's no way to take a shower, knowing which end of the spectrum you're on, without getting burned to bits.

I guess I should be happy I don't have the alternative, a cold shower every day.

I'm in Greenpoint, Brooklyn (Kings County), if that helps.

I should mention I asked the super (once in person, once in text so there's a record) if the boiler can be adjusted. She claims it has been, but I am currently ice-ing my back from my attempt to shower this evening.

Their lovin' don't pay my bills

Anonymous — Thu, 10 Dec 2009 21:32:22 -0800

I'm a freelance writer who's considering suing a client for nonpayment. Before I go there, please give me the benefit of your experience. I'm being stiffed by a client for almost $10K. After several months of collections efforts, a demand letter from my attorney resulted in assurances of goodwill but nothing more.

Now I'm considering filing suit for breach of contract. The total is too large for small claims, and my attorney tells me it will cost a couple grand up front in legal fees. In the meantime, I fear my former client will soon close their doors and may file for bankruptcy.

I'm looking for experiences from other freelancers or small business owners who have been in similar situations. Did you decide to sue, or walk away? How much did you recover, and what did it end up costing? What do you know now that you wish you'd known then? Thanks for sharing your hard-earned wisdom.

Ignore all the lawyers?

Anonymous — Wed, 09 Dec 2009 11:15:43 -0800

What are the repercussions of ignoring a civil demand letter? Has anyone ever had their credit ruined? Long story short, got caught shoplifting at a Safeway in SF. I will probably getting a civil demand letter in the mail soon. I am willing to settle with them for $50, which is roughly equal to twice the value of what I attempted to steal. But I am wondering, has anyone ever been taken to court and/or had their credit ruined by not responding to a civil demand?

Online Printable Legal Forms?

zzazazz — Sat, 05 Dec 2009 08:21:27 -0800

Is there a good reliable website that provides free printable legal forms? I am a public librarian and we have the reference books with legal forms that our users can photocopy but sometimes they just gotta use the internet and I have yet to find a good reliable site for this. For a while I had a link to a register of deeds in a county in North Carolina that had a few but they are gone now.

How do I 'get a lawyer'?

jaffacakerhubarb — Wed, 02 Dec 2009 23:03:41 -0800

I'm not in any trouble, but how do I 'get a lawyer'? This is probably a silly question, but I thought I'd ask it anyway. I was watching a TV show a little while ago, and one of the characters was in trouble with the police for something minor (I forget what it was now, but it's not really relevant anyhow). The female character in question refused to discuss whatever it was and said "I want my lawyer". They replied "Okay, what's his name?" and she meekly replied "…I don't have one…".

Before I begin, I'm in the UK, so specific advice tailored to the U.S., while interesting, is ultimately useless to me. :)

Now, while this was funny and all, it made me wonder what I'd do in the same situation — and I realised I'd be in exactly the same boat. I'd go into 'exercising my civil liberties' mode, then have to sort something out afterwards. I'm not in any trouble with the authorities nor, hopefully, am I likely to be, but in the event that I am how does this work? Do I get a personal lawyer in advance, and if so, do you have to pay a 'retainer' or just pay as and when you need to employ said lawyer's services?

Most of my knowledge of the law is based on episodes of Damages, gangster movies and the courtroom scenes of Aaron Sorkin films, so I apologise for any gratuitous misuse of legal jargon or just general stupidity. Also, I know YANML, but obviously neither is anyone else so we're all good.

My legal insurance company denied a large claim. Now what?

blindcarboncopy — Mon, 30 Nov 2009 10:24:07 -0800

I have "legal insurance" coverage through my employer - it works just like medical insurance but covers personal legal matters instead. I have been working with a lawyer on a probate with the understanding that the insurance company will cover the costs, but my claim was denied. Do I have any recourse with either insurance company or the lawyer I have been working with? (To be totally clear, the above insurance plan is for personal legal matters. It has nothing to do with my line of work or employer.)

To expand on the story a bit: since my mother has passed away I am involved in a probate - a fairly simple one by all accounts (she did not leave a will, but there are no creditors, the list of survivors is clear, and we are all agreed on how her assets are to be divided). My family asked me to be the point person for representing the entire estate. When it came time to look for a lawyer to do the legal filing, I picked one out of the directory provided by the insurance company, and went to have a meeting with them. During that meeting, it was stated unambiguously that probate matters would be covered by my insurance. In fact, they gave me a quote in writing which split the parts that insurance would cover vs. costs that I am responsible for (basically the lawyer billable hours are covered, and I am responsible for court filing fees and such). They told me that they contacted the insurance company to verify that this is the case.

Fast forward a few months, the case is rolling along without any issues, and suddently I get a bill to the tune of $2K. It turns out that the insurance company does not cover this case. Verbatim from the email:

When I emailed to confirm your coverage, in June of 2009, they indicated that they do cover probates and that you were covered; however, it is now being made clear to me that they only cover probates for the insurance holder and his or her immediate family (spouse and dependant children).

So what they are telling me that I am out of luck because they did not do enough due diligence, and now I have to pay all costs accumulated. The probate is still ongoing, though at this point it's getting close to done.

I understand that it seems like an honest mistake was made here, and that legal work has been done on my behalf, and the person who did it deserves to be paid. On the other hand, I feel taken advantage of, as I - believing that all costs were covered - did not do any price shopping, and may have taken a different path (working with a paralegal to do all form filing myself) had I known in advance that this was going to be the case. Present legal bill will not exactly send me to bancruptcy, but it is certainly a big unhappy dent in my savings. What I am primarily curious about is whether I have any legal standing for working with my law firm to reduce their fee gives the circumstances. All thoughts are appreciated. Thanks!

Hosting a public LAN Party; What legal issues should I be aware of?

ilumos — Sat, 28 Nov 2009 10:53:31 -0800

Hosting a public LAN Party; What legal issues should I be aware of? Hi MeFi,

Myself and friends have been hosting private LAN parties for the past 3 years and with 20 or so atendees we've outgrown our normal venue.

What do we need to be aware of when hiring out a new venue with regard to public liability, insurance and the legality of sleeping overnight in the (public) venue?

I've done some research into other LAN parties, most of which have both rules and legal waivers, and some with insurance.

We hope it to be a successful event, but before we start approaching prospective venues we want to have an idea of the legal implications.

This is for a 48 hour UK based LAN on the south coast with hopefully 30+ attendees, and we'll be charging for entry to cover our costs.

Any information is greatly appreciated,

Many thanks!

Will I get in trouble for posting mp3s to my blog?

hagelslaag — Fri, 27 Nov 2009 21:33:22 -0800

i am (surprise surprise) into blogs. and before i was into blogs, i was into music. now i like to post mp3s to my blog. is it a bad idea to label which song/artist it is -- as in, are there really crazy music coppers who will show up on my doorstep to arrest me? my blog's host is tumblr, which makes it easy to share an mp3 a day. should i just forgo labelling which songs i post? or is it pointless to even worry about this at all? i have no idea how intense lawyers are these days about persuing folks who share tunes online, and i don't want to get sued just 'cause i want to spread my love for joe meek.

Help...traditional holiday party in jeopardy!

teg4rvn — Tue, 24 Nov 2009 08:58:45 -0800

What steps can company management take to minimize liability at an office holiday party where alcohol is served? I work in an office of approximately 30 people with 6 being the "management" who have traditionally (last 30 years at least) paid for an office holiday party/dinner at an outside establishment and allowed employees and their SO to order a couple of alcoholic beverages with dinner. This year, 4 of the 6 management-level employees said they will not participate with the event nor sponsor it because they are concerned with getting sued by someone or their family if an employee drives home drunk and gets hurt or killed. A reasonable concern, but the remaining two of us are willing to still throw the party. With layoffs and everyone else doing more work to make up for the lost employees, my boss (and I) believe the effect on morale will be devastating if we didn't have the party. The crux of the concern is that there is 1-3 problem drinkers amongst staff and their invited spouses. Our plan is to:

1) Issue two "tickets" for drinks per person and deem them non-transferable.

2) Be the last one's to leave so we can assess drunkeness.

3) Do this at a restaurant with a liquor license with "professional" waiters and bartenders.

Despite these precautions, the 4 other senior-level folk still do not want to participate because of liability issues. Frankly, I believe they don't want to spend the money, but the alcohol issue is a real, but, convenient diversion.

You are not my lawyer.....but is there anything else I can do to further safeguard us, allay the fears of others, and hold our holiday party as it has been for decades? please feel free to tell me that my stubborn colleagues are in fact right and that my traditional party need be updated to 2009 legal standards if that's the case.

should I sue?

Anonymous — Mon, 23 Nov 2009 18:27:26 -0800

Should I sue? You are not a lawyer, and if you are, you aren't my lawyer. I've already got a lawyer, so I'm set on that score. What I'm trying to figure out is, from an emotional, spiritual, and economic perspective, will suing be worth it?

Not long ago I was dismissed from an academic program in which I have already invested a tremendous amount of time, energy and money. I feel that my dismissal was unjust, and not only do my fellow students agree with me, but instructors and other program staff have also expressed that they believe it was unjust. My school has a grievance process, but I believe this process has been subverted on multiple levels in such a way as to make it meaningless - my lawyer more or less agrees.

Based on some initial legal research, I believe that I have a case - if not about my actual dismissal - then at the least about the grievance process. However, I've always been very against suing as a way of solving problems. Still, I really think something should happen at my school to make changes in order to make things more fair, and I'm coming to believe that a law suit maybe the only way to make this happen. Also, I have some pretty major costs I have to recoup because of this.

So I'm hoping to talk to other people who have sued - in any context - to help me get a sense of whether this process might be, well, worth it. Did you sue? Are you glad you did?

Thanks

How to not get screwed over in a business partnership.

giggleknickers — Sun, 15 Nov 2009 22:35:57 -0800

How does the tech person in a business partnership avoid getting screwed over by the business person? We are four people talking about starting up a small software development business. Three of us are software engineering students who know crap-all about business, and the fourth is an experienced businessman who is more or less going to take care of all the non-technical stuff. He will be our Steve Jobs to us three Steve Wozniaks.

I'm a little paranoid because I've read a lot about the history of various technological developments, and it seems that engineers and developers have a habit of getting screwed over by the businessperson they partner with. The businessperson uses their tricksy business skills to swipe the intellectual property and get all the money and credit while the developer is left wondering what on earth happened.

Am I overly paranoid from the history I've read or is this likely? How can I avoid it? We'll be working on a project that has been a long time dream of mine, so I feel very overprotective about it.

I'm trying to educate myself about this situation, but it feels like I need a degree in business, and another in accounting and another in law in order to understand everything I need to know to answer this question. It seems like a paradox, because if I knew enough to answer this question, I would know enough that we wouldn't need someone taking care of the business end of things in the first place.

Why am I working so hard at quitting this job?

Tandem Affinity — Thu, 12 Nov 2009 15:37:26 -0800

What are the legal requirements for quitting a job? All parts of this query pertain to the state of New York (and not the city). The question seems strange to me too, but are there any requirements a corporation can place on a person as a condition of delivering the final paycheck?

Or is it an immutable duty of the company to issue the final paycheck on time and in full?

Things that come to my mind include signing forms for 'I won't sue,' or 'I promise not to disclose' (what I've already promised not to disclose on the original nondisclosure agreement i signed when starting) or 'I vow never to contact my formerly fellow employees'. These all seem a little ridiculous to me too, but seem more and more in the realm of possibility due to my current job.

Related, can an exit interview include one's manager, in addition to the 'typical' HR person? (Is there a 'typical' exit interview?) Any suggested responses for irrational insistence that it is perfectly legal for the corporation to insist I sign whatever they want before they will deliver final paycheck? Also, any further suggested preparation for an exit interview about which I've become way too paranoid?

Legal name change in TX not relating to marriage/divorce

Anonymous — Wed, 11 Nov 2009 19:04:55 -0800

How can I legally change my last name in Texas without it being due to marriage or divorce? My father just passed away. I am his daughter, his only child. I am married and took my husband's last name. Now that my dad is gone, I want to carry on his name by hyphenating my last name with maiden-married. Some places on the internet says I can just fill out some forms, others say I need to hire an attorney. Anyone out there change their name in Texas without it being due to a marriage/divorce and did you have to hire an attorney? Thank you.

I allegedly don't understand the word "allegedly." Allegedly.

the foreground — Tue, 10 Nov 2009 08:32:09 -0800

I am confused as to the use of the word "allegedly" and why it is used outside of a strictly legal sense (in the media for example)? For instance, with this most recent shooting in Texas, there are obviously dozens of eye witnesses, only one suspect under consideration, no one is going to argue in court that someone else did it, so why on the news are the anchors still saying Mr. Hasan "allegedly" shot these people? It just seems weird... I understand the term might be more relevant in a case of a burglary, or when there is only circumstantial evidence to tie a suspect to a crime, because then there is a doubt and if you straight out accuse someone and they are acquitted, then you might be liable to be sued. It seems in this case the only thing in doubt is the motivation or mental state of the accused (temporary insanity etc.), there is no real doubt that he actually did it...so why is everyone so noticeably still prefixing the crime with "allegedly?" Also, it seems the media are really selective with this term. If an investigative reporter uncovers something legally dubious about a company for instance, the headline would read "Documents reveal Company x laundered millions" you never see "Documents reveal Company x allegedly laundered millions." Unless I just am not noticing it. Can someone explain the technical issues around this word, when it is appropriate to use and when it is not?

Under what circumstances (if any) can a child in the UK be legally allowed to play a video game which, under the legally enforceable games ratings system, they are not old enough to buy?

Anonymous — Tue, 10 Nov 2009 08:26:02 -0800

Under what circumstances (if any) can a child in the UK be legally allowed to play a video game which, under the legally enforceable games ratings system, they are not old enough to buy? In the past we have run sessions for children aged 10-16 with a video game rated 12+ under the PEGI system. At the time these sessions were run, the PEGI system was an entirely voluntary system in the UK, where these sessions took place. However, as of September 2009, the PEGI system is now legally enforceable for video games. This means that to sell a game with a 12+ PEGI rating to an 11-year old child would now be a criminal offence.

(For what it's worth, we ran these sessions for the purposes of educational research, and if it is legally possible are interested in running more for the same reason.)

I have several questions around this that I'd be grateful if the hive mind could help me with:

1. Am I right in assuming that we're fine legally for the past sessions we already ran? This has involved kids under the age of 12 playing and taking home (non-pirated, and bought by us) copies of the game software, which they presumably still have.

2. Does the legally enforceable nature of the PEGI system apply retroactively? That is, can games released BEFORE September 2009 with a 12+ rating now not be sold to children, or is it only games released after the new system took effect?

3. Is buying a 12+ game for the purposes of allowing a child to use it now illegal in the same way that selling that game directly to the child would be?

4. Is there any way for us to legally run further sessions with 12+ rated software and children under the age of 12? (In this hypothetical scenario the children would be provided with the game, rather than buying it.) Could parents give their consent for their children to use such a game, in the context of a workshop they have to explicitly sign their kids up for? Could a school agree to allow the children to use such software in classrooms? Are there any legal options here?

Thanks in advance everyone, your help is greatly appreciated.

Can a joint lease be easily broken?

fogonlittlecatfeet — Mon, 09 Nov 2009 17:10:50 -0800

what are the possible repercussions of breaking a joint lease? situation -
Boy moves in with girl who is already leasing an apartment. He is put on the lease after the fact. Boy wants to break up with girl and move out.
Can she now sue him? And if so what legal leg does she have to stand on?
How do apartment complexes usually handle this sitution. it has to be a very common one.

Would it be different if they had signed the lease at the same time and moved in together?

Was I let-go legally?

Anonymous — Tue, 27 Oct 2009 12:49:10 -0800

I was 'let go' from my job last week, but I'm not sure it was entirely legal. YANML, but please lend me your ear... (warning, long) I work at a medium sized non-profit. I started temping there last winter, and was made perm in April.

Things had been going alright; I can’t say that I loved the job or the people outside of my small regional office, or even the cause we were fighting for. But a job’s a job, especially right now. Decent pay and benefits.

There are two reasons I could have been let go. One was pretty much confirmed for me by my main boss – that a higher-up, in a different department, who has senior management’s ear, had decided that my manager and I needed to go. Now this person isn't in our department, much less works with our department. I’m still scratching my head over this one. He is a pretty nasty person, with a bad reputation, but I’ve never had to work with him. He comes into the office every once in awhile, but I’ve always been polite and professional with him.

The smaller reason is thus: a lot of the people I immediately work with, my counterparts in other regional offices are not the most ‘competent’ at their jobs. I’m trying to put this as nicely as possible – these people should not be given any professional responsibilities. My manager and I, we are constantly being the ‘odd men out’ of the department. Thrown ‘under the bus’ quite often, and chided for having proof that we didn’t “forget to send in requests” or “late reports”. But again, I’ve always been polite and professional with all of them, never a nasty email and lots of friendly overtones, for as much as I’ve questioned their employment, there is nothing I could have done that would stop the ‘blame game’.

So I was ‘let go’. Manger is has a ‘stay of execution’ to finish a large project but is soon to be gone. Keep in mind, I’ve never been written up, never given a warning – nothing. I knew the other department head didn’t like me, but didn’t believe I fell under his jurisdiction.

I was never given any paperwork, never signed a termination form, and wasn’t even provided with unemployment paperwork. In California, the UI Code, Section 1089 requires employers to provide the booklet. I emailed when I got home, asking for this, and was told:
”The state determines the unemployment and you can access online to file. Put 'termination' and on my end I will report that you 'worked to best of abilities' but not a good fit. That should qualify you. “

Ok so fine, I file unemployment. All the while wondering what is really going on. Next day, get an email from my main boss:
”COMPANY is willing to put a letter of voluntary resignation from you in your personnel file at HQ. For unemployment purposes, we will list “termination – worked to best of abilities, but not a good fit with position” but on your file we will list it as a voluntary resignation, that way if anyone calls HQ for a recommendation, they will be able to read directly from your file that you resigned and are eligible as a rehire.”

Obviously this seems a little strange to me – flimsy reasons for being fired, but hey, I’m in CA and we’re an ‘at will’ state. But asking me to pretend that I quit – am I putting my hand in the bear trap disguised as a cookie jar?

The question: is this legit? Is it worth fighting? Should I report the employer for not providing the unemployment booklet? Do I pretend that I quit? I already have a handful of people who will give me recommendations, so if I burn a bridge here, it wouldn't really harm me.

Thanks in advance. Questions can be mailed to anonisanona at gmail dot com

What are my rights with my insurance company?

btkuhn — Fri, 23 Oct 2009 12:02:45 -0800

What are my rights with my insurance company? You are not my lawyer, but...

I am not looking for a legal opinion, but I'd like to find out what my rights are in a situation, and I don't know how. I have insurance coverage through my job with a major national insurer. I had to go for a long-term residential stay in the hospital to take care of some health problems. I knew that it was going to be expensive before going in, so I contacted my insurance company to make sure that the treatment was covered and at what rate it was covered. I was told that yes, the treatment was covered, and it was covered at 70% until my out-of-pocket max of $3000/year was reached.

So, after going through the treatment and getting my bill, I saw that it was covered as it should have been, except that when my out-of-pocket max was reached nothing different happened - I wasn't cut off at $3000 responsibility. I contacted my insurance co and was told that I must have been told the wrong thing before going in, and the type of treatment I underwent had no out of pocket max restrictions - ie I was responsible for 30% of the total cost, which works out to be about 35%.

I've had problems with insurance companies in the past, so I made sure to get written confirmation of my responsibility before going in for treatment. I have two email from customer service saying that my liability was capped at $3000, for the specific treatment I went for. I went through the appeals process with my insurance company and showed them these emails, and my appeals were denied, with no explanation except "sorry, you were told the wrong thing". I am currently appealing through my state insurance commission but I've heard things move very, very slowly.

My question is, what are my rights in this situation, legally? It seems pretty straightforward - the insurance company told me a treatment was covered, and then after I had it done they changed their tune and won't cover it. So they should be forced to pay for what they said they would. But I don't know how the law really works - perhaps insurance companies are allowed to lie to you (maybe customer service communications aren't legally binding), all that matters is the text of the policy itself? It turns out that the policy itself does not have a out of pocket max for this kind of treatment - this is written in the fine print of the 100+ page policy book, which I didn't have at the time of my treatment. All I had access to was a condensed policy booklet that did not mention this exclusion.

Can anyone comment on what my actual rights are in this situation, if any?

How do I sue an abusive step-parent?

Anonymous — Thu, 15 Oct 2009 15:43:51 -0800

How does an adult find a lawyer to sue an abusive step-parent more than a decade after the fact? I want to sue a step-parent for damages. They've ruined my life and made it a living hell of dysfunction.

I suffered over 10 years of extreme physical and emotional abuse as a child and it has wrecked me, my self confidence, my ability to function. We're not talking about a "I never got my pony" scenario. We're talking about severe physical violence from a grown adult to a child along with very severe psychological/emotional abuse.

I'm not at all interested in hearing anything about "letting bygones be bygones", or "forgive and forget". I've tried that. I'm tired of blaming myself for being broken and damaged like it was somehow my fault I had the shit kicked out of me on a daily basis.

The goals of the lawsuit are,

1. I want punitive, monetary damages to pay for therapy and treatment so I can have what's left of my life as functional as I can manage.

2. I want to help set a legal precedent that abuse isn't tolerated and parents are indeed legally and fiscally responsible for the crimes they committed under the umbrella of "parenting".

3. I want this step-parent to realize that what they did was not ok and that after many attempts at communication and reconciliation they've willfully denied their responsibility and haven't even attempted to offer an apology.

How do I find a lawyer? How do I find a pro-bono lawyer that will consider my case?

I'd like to read some more legal mumbo jumbo

Deathalicious — Thu, 15 Oct 2009 11:29:21 -0800

After reading the legal opinion posted through this FPP post, I am reminded of how much I actually enjoy reading a well written, interesting legal opinion or briefing. So. What are some other exciting or interesting legal readings, and are there good websites or other (preferably free or available in a library) resources for reading legal documents?

Step Aside, We Are Coming In!

Ennui — Sun, 11 Oct 2009 08:03:10 -0800

YNML but...I received a letter from my city government demanding entry into my home to inspect our sump pump. I guess they want to ensure that it is not connected to the city sewer system and I guess they are doing this inspection to every house. Now, I am quite certain my sump pump is in compliance and I have done nothing wrong. Still, I am not so ready to just forfeit my 4th amendment rights. My question is, does the city really have a right to do this? Also, is this one of those times where I might be in the right but still have to spend 1000s of dollars on legal fees just to defend my right against unreasonable search?!

Campaign stiffs campaign workers, won't respond. Solutions?

Anonymous — Mon, 05 Oct 2009 16:39:54 -0800

Local political campaign reports a large surplus four days after stiffing its workers (I and dozens of other campaign workers are owed back pay, several of us in the $300+ range). Solutions? This was an unsuccessful bid for a NY City Council seat. (I'm not directly naming the candidate or any individuals in this post, just as a courtesy -- trying not to saturate people's google results with this because A) I don't know yet what happened and B) the candidate has done great things for the community and I still really believe in his achievements. But there's an article at nypost.com and several of the campaign workers are blogging about it, so it's not exactly a secret).

The campaign hired all its workers at $15/hr. On Election Day (the 15th of September), we were told to come pick up our checks on the 18th of Sep., with no indication that anything would be wrong with them (and throughout the entire campaign they were still actively asking us to bring new people, friends and relatives, to come work at $15/hr).

At 9pm on the 17th, we got a group email saying the campaign would only pay us $10/hr and we should not come in on the 18th; instead, the $10/hr checks were mailed. According to the article linked above, the campaign reported a significant surplus four days after sending out our partial-payment checks on the 18th.

The sole public statement from the campaign, given at the reporter's request for that article, was "Everyone has been paid or their check has been sent to them in the mail." That is, needless to say, an extremely disingenuous (and bad-faith) non-response.

Several campaign workers got together and wrote a formal group email to the campaign's email address asking for a resolution (there was no answer, and now that address is apparently no longer accepting emails), and started a blog with the basic facts, then filed a formal complaint with the Campaign Finance Board after it was clear that the campaign wouldn't respond (that complaint is now pending). Many workers have attempted to contact the campaign managers (using known-good phone numbers and email addresses), receiving no responses whatsoever. Only the Field Coordinator has been responsive, but she has no relation to the campaign's finances.

One thing I have not done is cash the partial-payment check they mailed me on the 18th, on the suspicion that cashing it could be seen as implicitly accepting it as correct payment. (Please share opinions re. whether that's a wrong suspicion, because I seriously need that money.) For me, and for at least a dozen other people who also started towards the beginning of the campaign, these partial checks sent on the 18th were the second or third of the weekly checks we received. Our earlier first checks were all correct, $15/hr, agreeing with our timesheets. I did cash my correct earlier check, as I think all of us did.

My own financial position means the money I'm still owed (several hundred dollars) is clearly worth time and effort in material terms, not just on principle. Are there steps to be taken while we wait for the Campaign Finance Board to review the complaint? And more importantly: would even the best-case result of that review produce money for us, or would it just produce something like censure or fees for the campaign?

Is my house seller trying to jerk me around?

bkhahn — Sun, 04 Oct 2009 17:53:35 -0800

Is my house seller trying to jerk me around? Specific liability legalese inside. I (the buyer) have an accepted offer on a house, and we've moved the closing date up 2 days in order to get a better interest rate. We're scheduled to close on a wednesday. We're renting the house back to the sellers until that friday at 5pm. We're in Wisconsin, so we're using the standard addendum O to handle the rent back agreement. The sellers want to add the following language.

"Occupant shall only be responsible for liability claims resulting directly from occupant's direct actions or negligence. All other liabilty claims resulting from anything other than the occupant's negligence shall be the responibility of the owner"

I know you are not my lawyer but:
It seems to me that this wording opens me up to a ton of liability issue. For instance, what if the movers damage something while moving the sellers out. What if they have their friends over the last night and trash the place?

Thanks for your opinions.