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Massachusetts Questions & Answers
1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Serve water damage 8/26 till waiting for repairs due to neighbors negligence. Landlord waiting on renters insurance . My
T. Augustus Claus
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answered on Oct 3, 2023

If your living conditions are affected by the delay in repairs and it's due to your neighbor's negligence, you may have grounds to pursue a claim against the neighbor or even the landlord if they're not taking timely action. Document all interactions and damages for any potential claims.

1 Answer | Asked in Car Accidents for Massachusetts on
Q: My fiance was involved in a hit and run. There is no damage to my vehicle and she didn't even know she hit the other car

The other drivers taillight was broken. Weve received a few phone calls from the investigating officer saying that there will be a warrant put out for her arrest. She has multiple medical conditions, a heart condition, seizures almost every day, she would die in jail. How do we fix this without her... View More

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2023

A Massachusetts attorney could advise best, but you're going to lose valuable time under the "Car Accidents" heading. This is something to discuss with a criminal defense attorney. Car accident attorneys don't deal with these settings - criminal defense attorneys do. You could... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: My employer talked about my restraining order with someone who no longer works at the job. Is that legal?
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answered on Sep 25, 2023

In Massachusetts, discussing an employee's restraining order without explicit consent could potentially be considered an invasion of privacy or even harassment, depending on the context and how the information is used. Some restraining orders may include specific provisions regarding... View More

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

T. Augustus Claus
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answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: My wife is on H4 visa. If she transfers to a J1 visa, will she become ineligible for the AOS to green card during I-485?

Hi,

I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More

James L. Arrasmith
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answered on Sep 21, 2023

1. If your wife switches to a J1 visa, she may become subject to the two-year home residency requirement, which could affect her eligibility for Adjustment of Status (I-485) based on your green card application. Consult with an immigration attorney to explore potential waiver options if she becomes... View More

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: My wife is on H4 visa. If she transfers to a J1 visa, will she become ineligible for the AOS to green card during I-485?

Hi,

I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 19, 2023

1. Wife needs to get approved for a J1 waiver before she will be approved for I-485

2. Even if she switches to H4, she still needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be granted LPR status

3. You can sponsor your wife for a...
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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
T. Augustus Claus
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answered on Sep 19, 2023

Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More

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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
David Aldrich
David Aldrich
answered on Sep 20, 2023

If you are just using this as a slogan, you cannot trademark it. However, if you are adopting it as the brand under which your products will be sold, then yes, you can file for a trademark application.

If you do file, and assuming this is for food products, it could possibly receive a...
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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
James L. Arrasmith
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answered on Sep 21, 2023

Trademark registration eligibility depends on various factors, including whether the proposed mark is distinctive and not merely descriptive. "Don't Panic, It's Organic" may be registrable if it is not considered generic or overly descriptive for the goods or services you intend... View More

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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My lease reads no dogs. My tenant told me after the lease was signed on September-1-2023 she has a ESA dog for emotional

and stress. Can I do anything about this now. The tenant told me I could not. She Lied on the lease.

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

It is illegal under federal law to discriminate in providing housing to any disabled person because they have an emotional support animal. You can request appropriate medical documentation from the disabled tenant confirming that they are actually disabled and that they require the services of an... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: As a disabled veteran married for 28 years , if I divorce my wife in Massachusetts do I have to pay her part of my

Disability no children are involved just a house. I get social security Disability and veteran disability.

T. Augustus Claus
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answered on Sep 13, 2023

In Massachusetts, disability benefits such as Social Security Disability and veteran disability benefits are typically considered separate property and are not subject to division during divorce. However, the division of marital property, including assets like the house, is determined by the... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a 209A order is issued, never violated, subsequently vacated, does the recipient now have a probation record?
Michael A. Contant
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Michael A. Contant
answered on Sep 7, 2023

The short answer is that you will not have a criminal record for the MGL c. 209A restraining order that was never violated. It is civil in nature and does not appear on any criminal record, including a BOP, CORI, CARI, etc. However, Massachusetts has developed a separate record system for... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can the FBI use investigative drugs during investigations? What is the law im Massachusettes for that?
T. Augustus Claus
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answered on Sep 5, 2023

The FBI, like other law enforcement agencies, may use investigative techniques and tools during investigations. However, the use of investigative drugs, also known as controlled substances, typically requires strict adherence to federal and state laws. The specifics of such laws can vary from state... View More

1 Answer | Asked in Contracts, Tax Law and Arbitration / Mediation Law for Massachusetts on
Q: Hired Tax attorney in Massachusetts. How can we avoid paying more than 8K due to engagement letter not followed by him.

engagement doc signed & advance 8kpaid in Apr. He didn’t send monthly invoices as per engagement doc. Didn’t tell us when the cost of services exceeded 8k. He sent invoice of 23k in Aug. Engagement doc excerepts - The firm’s charges are hourly.Invoices will be sent on monthly basis for... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

You can dispute whether the attorney actually performed the services described in the invoice and whether they are reasonable and necessary with the Fee Arbitration Board.

Nothing you quoted requires the attorney to receive prior approval by you to exceed the initial retainer of $8k....
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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: i am 71 years old,i have been living off my credit cards. at my age i will never be able to pay them off.this will be my

it will be the third time in my life to do this.i am sick to my stomach over this but i have no other choice.i bought food paid bills and i can barely keep my head above water......please help

William J. Amann
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answered on Sep 4, 2023

It might seem odd to say but you might just be "judgment proof". In other words, you might not have any non-exempt assets or income for an unsecured creditor to pursue. If that's the case and if you can stomach it, you can essentially ignore the calls and letters. However,... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can an accomplice to an attempted murder charge have his record expunged? He was not the aggresor.

I was incarcerated over 15 years ago with a friend who commited this crime and being with him,I was sentenced too.I was given a 6 year sentence and have been free for over 15 years without getting in any trouble whatsoever.And would like to get a better job and move on with my life.This blemish in... View More

Thomas Shack III
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answered on Aug 30, 2023

Under Massachusetts law, generally, individuals convicted of certain non-violent offenses may be eligible to have their records sealed (not necessarily expunged though) after a certain period of time. However, offenses such as attempted murder are considered violent crimes and are therefore not... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it legal for the FBI to drug you with investigative drugs? Also can they use this as evidence in court?
T. Augustus Claus
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answered on Aug 29, 2023

In Massachusetts, as well as in the United States at large, law enforcement agencies like the FBI are generally required to adhere to legal and ethical standards in their investigative activities. Administering drugs without consent, especially for investigative purposes, would likely raise serious... View More

3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Massachusetts on
Q: Can you get compensation from employers for suffering severe concussions?
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answered on Aug 29, 2023

Yes, in Massachusetts, you may be eligible to seek compensation from your employer for suffering severe concussions if the concussions were caused by workplace-related incidents or conditions. Massachusetts provides workers' compensation benefits to employees who sustain injuries or illnesses... View More

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3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Massachusetts on
Q: Can you get compensation from employers for suffering severe concussions?
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

Yes. As my colleagues have indicated, workers' comp is your avenue for injuries in the course of employment. You included the "Personal Injury" category in your post. If that's because there is a third-party injury action (where the source of injury involves a person or entity... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: What am I liable for a car accident?

If it's judged to be my fault and there is a personal injury lawsuit. The questions: are:

1. I am retired and my only income sources are social security and pension. Will that be garnished if a compensation is awarded?

2. My wife has separate bank/savings/brokerage accounts.... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

Your auto liability policy should handle any claims against you. Insurance carriers will sometimes advise their insureds that they could consult with an attorney, depending on damages and the limits. It could then be up to the insured to seek additional guidance from an attorney regarding personal... View More

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