I was hit by a garbage truck a little over a month ago. He had a stop sign that he decided to ignore. I was on a rte/main road with no stop sign, going with the flow of (considerable) traffic. My car was pretty seriously damaged and needs to be fixed, but so far the truck company's insurance company hasn't accepted liability, and are hanging their decision on a guy who apparently doesn't exist. In the meantime, my car's a mess. How to get a response so I can get my car fixed and not have to cover the rental myself? [more inside]
I have been asked to provide a testimonial of character to be used in a restraining order case. What sort of things are looked for in these? And are they even taken seriously, or should I consider personally appearing instead or appearing through skype? [more inside]
Is it legal to throw up on a train on the New York subway system? Inspired by something that happened to Griphus from the We Have Such Movies to Show You podcast.
Does anyone know the Latin (?) phrase for when a judge authors both an opinion AND a special companion opinion (concurrence or dissent)?
A former friend is trying to take legal action against me over a website we started together. He came up with the name for it, but the domain is under my name and I maintain the website. Does he have a leg to stand on? [more inside]
Last night an acquaintance told me that she was sexually assaulted last month. She's going in to talk to the State's Attorney this Friday afternoon. It sounded like she needed a friend so I offered to go with her. What can I expect? How can I help? This is in Chicago. [more inside]
How do I ensure my lying, bully of an ex-boss stops slandering me? [more inside]
Not the happiest circumstances to bring a new child into this world. After years of supporting her husband, financially and emotionally, she's reached her limit. He's dealing with some addiction issues, and has become increasingly hostile with the birth of this baby. Maybe they'll work this out one day, but right now she doesn't feel safe, has filled her car with personal belongings and is staying with family. She left him a lengthy note, but does not want to talk to him in the next few days. This has been a long time coming, and while I don't imagine it will be a surprise—his family has actually encouraged her to do this—he won't react well. What sort of legal precautions should she begin taking? [more inside]
I moved to a new city and I'm currently living by myself in a decent sized but single bedroom apartment. I recently met a friend who's looking for a place to stay with his girlfriend for one month so they can save a little money to get on their feet again. Raising all sorts of red flags already? That's why I love you guys. Besides "Just say no", what can we both do to protect our interests? [more inside]
If an absentee homeowner's property is condemned, can I take legal action against them for a loss in value of my own house? [more inside]
YANML. Five years ago, I was (rightly) arrested for shoplifting in New York City. A public defender pled me down from a misdemeanor to a Disorderly Conduct charge, with the (apparently fairly standard for first-time offenders) addition that if I didn't get in trouble again for 6 months, my record would be cleared. I didn't get in trouble; presumably my record was cleared. But what does that actually mean? Is it like I've never done anything at all? If someone decided to dig for dirt on me, what would they find? [more inside]
I'm trying to arrange private student accommodation for next year in a smallish university town in the UK, as part of a group of four students. Decent shared accomodation for four people is few and far between -- but three-person houses are abundant and awesome. How bad an idea is it for one of us to be a permanent 'guest'? [more inside]
My son is 17 years old, turning 18 at the end of July. In mid-May, he was hospitalized for two weeks when he became floridly psychotic -- his first episode. As he recovers post-hospitalization, I want to get some sort of guardianship in place so that I can step in and manage his healthcare and finances if he's unable to. I don't know, however, what kinds of options there are; I've heard the terms "healthcare proxy" and "power of attorney", but I haven't wrapped my brain around what those encompass, or what it would entail to apply for these things. One person says I need a good lawyer; another says I just need to get a boilerplate form from Staples and get it notarized. I'm in Massachusetts -- Boston/Cambridge/MetroWest. Hope me please! [more inside]
My sister told me about some pretty disturbing and illegal things that she is doing. She clearly needs some kind of help or intervention, but I have no idea how to go about doing that without putting her in jail. I feel totally lost and conflicted. [more inside]
A friend wants to use a short, easy-to-spell last name on their resume, in place of their legal name, putting the first initial of their legal last name as their middle initial. Why is this a bad idea? [more inside]
In order for any web site to charge one for services or goods, in this case services, what are they legally required to record and produce? I'm having a little trouble wording my exact question so maybe this will help. The web site in question provides phone service for inmates in correctional facilities and in order for one to receive calls from a loved one in the correctional facility you have to set up an account and attach a phone number to it while loading money for the overpriced service... $5 for 15mins. The company charged me a fee of $5 every time I was to load money on the account which did not show the rate for a call per min and also charged me numerous unknown fees. I could not tell why or how much I was charged which was made worse by their not being a way to track credits and charges to the account. When I contacted customer support they also could not account for the charges and would not refund them, refused to refund my visa purchase, and claims to have no way of producing charges and credits to my account. Their customer service is no help and I'm not sure how to handle the situation. [more inside]
What recourse do I have regarding a tenant refusing to pay the last month's rent and possibly damaging the apartment? [more inside]
I'm starting the process of selling my house. It turns out that one bedroom is not actually large enough to be a legal bedroom in this state --- it is 60 sq ft and the minimum in NY is 70. So apparently mine is a two bedroom house instead of a three bedroom. When I bought the house, it was officially represented as three bedrooms. Do I have any recourse? [more inside]
I wrote a polite email to an App seller advising him I would be posting a 1-star review of his app on Apple's App Store. He replied, "Electronic postings of defamation, libel and slander are now well covered under English and European law. My litigation solicitors are [redacted] of London, who have looked after my interests for over twenty years now, nor have ever lost me a case, from individuals to a nation-state. Put up any post and it'll cost you several thousand pounds for each day it stays up; I do hope I make clear..." Can he do this, can I reliably protect myself, and has he violated any Terms and Conditions as a seller on the App Store? Specific reference to English and European Law and Apple App Store Terms and Conditions would be very helpful. Thank you.
I lent my cousin a very special item. Now they won't give it back. Do I fight or retreat? [more inside]
Some TV shows (and movies, and novels) go out of their way to avoid mentioning real-life brands. This video shows countless mentions of faux social networks: Friendbranch, Facefinder, Friendnet, etc etc, rather than Facebook. But others freely portray real-life companies when they want to. How come? [more inside]
What kind of rights does the owner of a home have when they agree to rent out their home through a rental management company? [more inside]
I purchased a 2012 Ford Focus and it has been having performance issues that the dealer doesn't want try and fix. Should I risk aggravating the dealer and try to activate Ohio's lemon law or seek some other form of recourse? [more inside]
I work in a house that has been designated as a group home for 5 disabled adults. The program/company is funded for by the state. I am an hourly employee who works a full 40 hours (plus up to 10-15 hours of overtime @ time and a half many weeks). My checks include deductions in all the proper taxes and stuff that any job would withdraw from. It's a full on legit job. [more inside]
I live in a two-bedroom apt in Cambridge, MA. I have lived here since Sept '10 and current roommate ("CR") has lived here since Sept '12. The dynamic between CR and I is not so hot. I'm also just very much wanting to live alone and finally able to afford it. [more inside]
I am aware of two civil cases that I'd like to find more information on. [more inside]
A collection agency in the UK is trying to collect an unpaid invoice for me. Their initial efforts have failed; should I authorize them to go ahead with legal action? (Details and earlier question inside.) [more inside]
What kinds of things can someone with nefarious intentions accomplish with my information if they obtained it? What kinds of ways would I go about monitoring or detecting possible misuse of this info? I was recently threatened with this from her current man-friend after leaving her a simple "glad you're doing well" message on FB, if I ever try to contact her again. He obtained the info from "paperwork" of which may be from my last job (he is likely a member of the same small community that owns the business). Anyway, I don't plan on contacting her again but not from this assface's threats, simply because I'm sure she was there too and it hurt my feelings. Just wondering what kinds of things he could accomplish if he wanted to....
I'm moving from Berkeley, CA to Houston, TX next week, I'm wondering if there are any significant differences in the legal regime I should be aware of. [more inside]
Help us help our friend marry us! [more inside]
I don't have a will and have never written one before. I don't have a lawyer and don't really want to get one. In a bit over a month, I will be going into hospital for some surgery. It's not particularly dramatic surgery and I expect it to go well, but I seem to have used it as a spur to get a will kit*, which is something I have meant to do for a while now. [more inside]
I'll be shooting a feature film in L.A. later this year, and I need some advice about how to handle the business side. I'm hoping that somewhere there's some sort of low-budget service that provides help to people who are new to the process. [more inside]
This is a little tricky to talk about without specifically mentioning my domain name, but I'll try. I have a popular website that's about to get significantly more popular, because I'm about to publish a book, go on book tours, etc. There's a *much* more popular website that's been around since the beginning of the web, and part of my domain name includes their domain name (for example, suppose their domain was Narnia.com, and my domain was AdventuresinNarnia.com). We're in the same general market (say Narnia.com sold video games, and I reviewed video games). What legal risk am I subjecting myself to, particularly if I have absolutely no desire/intent to sell my domain name? I have a PR4 site and I don't want to move, but I don't want to put links to my website in a published book and then get forced to move later.
What are the legal implications if I start a blog documenting the poor service my property manager provides, and asking others to share their opinions of this firm? I can speak for the factual accuracy of my own experiences (I have their letters and invoices etc, as well as my responses), but what about others? [more inside]
Building off of the landlord theme from today...I posted about this 5 0r so months ago. We assembled our paperwork, took advantage of some pro bono consultations, and then filed in small claims. But they were unable to serve her and last week I discovered that she's libeled us on the website www.terriblerenters.com. We're seeking an experienced counsel, but in the meantime need help thinking this through. [more inside]
Does anyone know the legalities / possibilities of renting out empty storefronts / loft spaces / warehouses for only 1 or 2 nights in NYC? I want to rent the space, bring some simple food and drinks, throw a party, and sell some art. Is this legal or even possible? [more inside]
I have a longstanding income protection claim with an Australian insurance company because I have a chronic health condition that prevents me from working more than sporadically. I would like to orchestrate a pay out instead of filling out monthly forms and doing three-monthly medical checks. [more inside]
I'm interested in the origin and propagation of this particular trope: Extremely drunk driver, with bottle of booze in the car, gets in a crash, possibly killing someone, with plenty of witnesses. The driver, either on his own initiative or after calling someone (perhaps a lawyer) for advice, gets out of the car and starts publicly drinking great volumes from the bottle. [more inside]
I am not sure whether to consult a CPA or a tax attorney for this. I currently live in Chicago. My brother lives in Louisiana. I am, separately, the trustee of a trust for him and his designated power of attorney. While in Louisiana, I sold his primary residence acting as his POA. I deposited the proceeds from the sale into the trust. No 1099 was issued for the home sale. Howwww do I report this to the IRS? [more inside]
We have an ad which will be printed, and *ideally* would love to use that picture from the superbowl ad of the nerd kissing the model (godaddy ad). I know this is a longshot since they paid millions for it, but is my only legal option to ask GoDaddy and go this route? THANK YOU!
Hi. I am looking for recommendations as to which o the following titles I should purchase; I am very new to this topic. Additionally, this is an area of legal education that my forthcoming university in England will not cover (it is not included in their LLB and generally in UK universities). Other universities do however, stage internal negotiation simulations workshops and competitions for its law students as an extra-curricular, CV boosting and skills enhancing activity. My law school is unfortunately bereft of adequate funding, connections with city law firms and general career/skills resources to have such a thing. [more inside]
If the LAPD had intentionally set Christopher Dorner's cabin on fire, would that have been a legal use of lethal force? [more inside]
Following some intense pain I felt back in August, I began going to doctors to figure out the cause. I've been diagnosed with osteoarthritis. I am in my mid-twenties. I could use some help figuring out my next medical and legal steps. [more inside]
Moving out this weekend, management company wants to charge me until new tenet moves in - whose in the right? [more inside]
I would like to do some consulting in the area of software development for Engineering firms. I would also like to develop my own software products and sell them. How do I go about this from a legal standpoint? I plan to alert all my potential customers that I am also working on my own products and that any software I build for them can either remain proprietary for their company (assuming of course it is not the exact same thing as what I plan to create and sell on my own) , or that we can enter an agreement where if I sell the software developed on their dime we would split the profits - assuming they don't want to keep it proprietary which will be the most likely scenario. YANAL, but is there a way to draft this in legal terms? S uch that if obvious small classes or libraries appear both in my product and the product I develop for them - and any programmer knows there are only that many ways to skin a code and overlap is inevitable - I won't get sued.
I am planning to convert my basement into a bedroom for one of my brothers to use. I was thinking all that was needed was carpeting and paint, but one of my friends recently told me that I may need to have some kind of modification to the basement windows or walls so that there's a fire escape route apart from the stairs. Is this the case? I've had a hard time finding a definitive legal reference as to what I need to do to have someone legally sleep in my basement. [more inside]
Sorry for the esoteric legal question, but I'm intrigued by this case name. I thought that "Inc." was always preceded by a comma in a party name. Yet this case doesn't seem to include the comma: Sorrell v. IMS Health, Inc., 131 S. Ct. 2653 (2011) http://www.supremecourt.gov/opinions/10pdf/10-779.pdf A quick Googling shows a mixed bag of comma use. Does anyone have any idea whether the comma belongs or not? Thanks!
Is there a legal principal here, and if so, what is it called? YANML. Question about paying for a service that is impossible to benefit from. Explanation and example inside…. [more inside]
I am looking for some memorandum of law wherein attorney fees were awarded in a subsequent motion for costs that were incurred in a previous motion that was (involuntarily) withdrawn. Has this ever happened? [more inside]
A friend works overseas for a US-based defence contractor. He's been involved in a somewhat work-related incident in his country of work and his employer is, long story short, refusing to advise him, maybe even turning against him. Lots of details we don't want to put on the internet. Need to find a good attorney in the US that has specialization in working with employment rights, particularly in international situations for US based entities (not sure if the defence contractor part is relevant or not). If state matters, pick Texas.