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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Nebraska on
Q: How do I find a pro bono lawyer to represent me for my son's case in homicide
Julie Fowler
Julie Fowler answered on Jun 18, 2021

He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New Jersey on
Q: If I live in a smoke free building in NJ. Can I smoke about 20ft away from the entrance? Or do the building rules apply?

The house rule state that no smoking permitted inside the building or immediately in front of the building or any of the utility rooms.

Morris Leo Greb
Morris Leo Greb answered on Jun 16, 2021

It will depend on whether the 20 foot distance is still on private property. If you wish to smoke stand on the public streets.

Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's ALF paperwork.

Association:

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 11, 2021

You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:

https://en.wikipedia.org/wiki/Arbitration

1 Answer | Asked in Personal Injury and Arbitration / Mediation Law for Texas on
Q: Can a Special Master refuse the Petitioner's right to listen in on a Stutus Conference
Tim Akpinar
Tim Akpinar answered on Jun 8, 2021

A Texas attorney could advise best, as rules for civil procedure or arbitration proceedings could be state-specific. But your question remains open for two weeks. Rules governing arbitrations could also be specific to the organizations overseeing the proceedings. As a GENERAL matter, in... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I need to know which form to use to file a response to a petition to vacate arbitration award (ADR-106).

A contractor did faulty work for me at a rental property in LA (2018). I took him to CSLB-sponsored mandatory binding arbitration and was awarded $8,124 (1/19/21). He filed an ADR-106 Petition to Vacate Award in February and has a court date of 6/24/21. He cited Cal Civil Code sections to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jun 7, 2021

a response is not a form. you have to write out a response on pleading paper using legal authority. you usually have to file a response within 10 days of their petition. so get this done asap. you can file a separate petition to confirm arbitration award and you probably need to do that at this... Read more »

Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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2 Answers | Asked in Probate, Arbitration / Mediation Law, Civil Rights and Elder Law for New Jersey on
Q: My Aunt (now deceased-covid) had a will in 2008. The person on that will is contesting “new” will. Stating incompetent

He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 30, 2021

This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.

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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: I was in a relationship and bought a car. My ex boyfriend's name is on the title, what are my rights

I was in a relationship and during the course of the relationship, I took out a car loan and bought a car. I have been making monthly payments on the car and I paid the initial processing fees. My ex boyfriend's name is on the title for the car and he used to receive upkeep for the car... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 27, 2021

You are both owners of the vehicle as you are both on the title. If you are the only one who signed the promissory note to purchase/pay for the vehicle, then you are the only person legally responsible for the vehicle. He is correct in that he does have an ownership interest in the vehicle. If... Read more »

Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Arizona on
Q: Will a verbal contact be honored in the event of one party's death or incapacitation?

The short version:

My boyfriend financed a car for me. We had a verbal agreement that the car would be mine as long as I paid all payments, expenses, and down payment. It is 30 months later and I have never missed or been late for a payment and I have payed ALL related expenses.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 19, 2021

Yes it can.

If you can make sure it is in writing or recognized as such.

It would be better if the car is in your name and all payments came from you, from your checking account or transfers so that you have proof.

It may cost you to enforce the contract.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: SB123/HB838,Va,1 def.lawyer,Exec.VP co hq in fl.offense,jury trial in Va.settlement offer.terms were prejudiced.

Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 17, 2021

I regret that I do not handle employment law matters. Sorry.

Q: Good Afternoon, Recently got denied a fireworks license renewal. Been there since 2012.

Need to be open asap. Looking for a lawyer familiar with the NFPA 1124 and With the Michigan and the Bureau of Fire Services

Michael Zamzow
Michael Zamzow answered on May 5, 2021

Contact an attorney about this.

2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: I am going to arbitration and some legal advise.
David H. Relkin
David H. Relkin answered on May 5, 2021

I have handled more than 100 Arbitrations. Please call me at 212-244-8722. David@Relkinlaw.com. David H. Relkin, Esq

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Q: my car caught fire today at my workplace, I believe it was an electrical fire due to a recall on the 2017 NissnSen
Tristan Blain Morrison
Tristan Blain Morrison answered on Apr 28, 2021

I'm sorry to hear about your car. If you were injured while working, then you have a workers' compensation claim. If the injury was serious, you should speak with a lawyer to bring your claim immediately. If you were not working, but you were seriously injured, then you will need a... Read more »

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1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Can I file contempt if my ex filed a motion without going to mediation first as is required per our divorce decree?

My ex husband filed a motion this week to modify medical decision making of our daughter. Our divorce decree states we must go to mediation prior to filing a motion but he and his attorney skipped this step. Could this be considered contempt?

John Hyland Barrett III
John Hyland Barrett III answered on Apr 26, 2021

I do not think contempt is the right response. You could file a response pointing out the failure to go to mediation. The court is likely to order mediation in any case. You should get a lawyer to help you with this.

Q: Landlord owes us around 10k in repair credits, is dodging the subject, we owe him 6500 (2.5 months arrearages) severely

Harassing us,threatening, & bullying us. He breeched the lease in several areas, was supposed to supply electric to outbuilding, has not, refusing to pay credits when He either refused to do the work or sent his maintenance guy out here to start projects last May, & never returned. When we... Read more »

Morris Leo Greb
Morris Leo Greb answered on Apr 25, 2021

Make an appointment with Legal Aid to determine whether you qualify. Call your County Court House for information about contacting Legal Aid.

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