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Nebraska Questions & Answers
1 Answer | Asked in Trademark for Nebraska on
Q: Is it against the trademark to state "fits the American Girl doll" on the listing of my crochet patterns?

On the pattern itself, it just says for 18-inch dolls. But in the description and search it states AG 143 Hiking Set - Crochet Pattern for American Girl Dolls

This is for the “PATTERN” only Not the completed item!

Fits the American Girl, Madame Alexander, Springfield, and... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 15, 2022

Your use of the doll trademark to specify that the pattern fits that doll is "nominative fair use" of the trademark. It is not an infringement since you are not selling dolls or competing with the trademark owner, just informing the pattern market what doll yours fits.

1 Answer | Asked in Employment Law for Nebraska on
Q: If I have an email stating that I would be paid a set amount at the start of summer. Never received that wage.

Is my employer required to retroactively pay me due to the payroll employee just not paying me that amount bc she didn't think I should get that.

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 2, 2022

You should first discuss the situation with the individual that told you that you would receive compensation at the higher rate. If they don't agree to retroactive payments, then you should contact a Nebraska employment attorney. While the email you mentioned is not a contract, you may want... Read more »

1 Answer | Asked in Divorce for Nebraska on
Q: My spouse doesn't want to come to divorce court in Nebraska I was told there is a waiver she can sign?

We agree on everything she is in California and won't sign the paper to appear so I can file. I was told by the District court there is a waiver she can sign so not to have to appear???

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 11, 2022

This might be two different questions from reading the above:

1) She must either be served by Sheriff with the Complaint for Dissolution OR sign a Voluntary Appearance in order for Nebraska to grant your divorce. The mandatory 60 day waiting period cannot commence until one of those...
Read more »

1 Answer | Asked in Public Benefits and Domestic Violence for Nebraska on
Q: Do I have to be notified ahead of the hearing date why someone is taking me to court so I can prepare?

The plaintiff is my ex bf whom I have a restraining order on and that no longer lives with me. The notice does not state what the reason is for the hearing. Clerk of the District Court said they do not have that information and that I should have an attorney with me on that date but I cant hire a... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jun 23, 2022

You would be well served to schedule a consultation with an attorney and bring in the notice of hearing you received. A Nebraska attorney can review the document and access the public court file and tell you what the hearing is about. For example, has your ex filed for a hearing on the protection... Read more »

1 Answer | Asked in Libel & Slander, Contracts, Criminal Law and Personal Injury for Nebraska on
Q: legal documentation of inability to dispense medication nebraska legal documentation inability to dispense personal abil
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

A Nebraska attorney could answer best, but your question remains open for two weeks. Part of the post may have gotten left off in uploading - the question is not fully clear. There's no guarantee all posts are picked up, but you could try reposting again. Do not include personal information in... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I just got witness summoned to ND. I now reside in NE. 1300mi rnd trip, plus food/lodging. Do I have to go?

A immobile woman was found to have 2 broken legs, because the N.A. on the floor 4hrs. before my shift, had transferred her to bed, without assistance. She is now having charges brought against her. I am on disability and walk with braces and cane. My muscles are fading away slowly. In my... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You would need to talk with an attorney who practices in North Dakota if that is where the subpoena came from. At least in Nebraska, there are rules about having to compensate witnesses to appear at a hearing.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I have a court date Wednesday for a failure to yield ticket. Lawyer is requesting court to go straight to trail but…

I wanted to contest it and see if judge would throw it out at the hearing. I had a green light with all other lights solid green. The other lady is contesting saying she had a green light as well. Insurance had hired an investigator but the other lady won’t allow insurance or investigator to look... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You will need to talk with your attorney about your best options. Not all intersections have cameras. Sometimes car accidents are he-said/she-said. There are ways for the Court to order an inspection of evidence as part of the discovery process. You would need to talk with your attorney about... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: How do I get out of my lease for security reasons? I have proof and have contacted the mgmnt co and it still continues.

The apartment building I live in has key secure entrances...sometimes. People that live there or don't live there leave the doors lodged open with any freaking thing they can find to get in the building from paper to a nickel. I have lived there when other mgmnt co ran it and it was so worse... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

Nebraska Legal Aid has put together a handbook that is often a good place to start for these type of questions.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Consumer Law for Nebraska on
Q: My wife and I bought a car from a used car dealership 3 months ago.

The dealer did not disclose that it had a rebuilt title. We checked the CARFAX and it was a salvage title in Mississippi. The car has been having issues and is currently not operational. The dealer told my wife that the car was never repaired, but when I talked to him today he stated that the car... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

If you purchased a vehicle that you at least knew had a salvage title, you would have known that some major repairs had to have been done on the vehicle in order to make it operational again after a total loss. You will want to review your purchase agreement in detail. If the vehicle was... Read more »

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: I want to sell digital art online through my own website. I live in Nebraska.

What tax and business law will i have to follow? When would i need to start paying taxes? Do I need a permit or anything like that? Where can i find accurate info about this?

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

The US Small Business Association might be a good place for you to start. The website of the Nebraska District Office of the SBA has tools to help small business owners get answers to their questions. For example, it looks like there is a seminar today in Lincoln, Nebraska about What's... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: How does Nebraska determine if someone only owes 10% of their monthly income in child support?

What are the guidelines for being “low-income”

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

This is how the Nebraska Child Support Guidelines defines minimum support:

§ 4-209. Minimum support.

Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the...
Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: We received a vacate notice from our landlord even though we have faithfully paid rent despite his failure to do repairs

We have been told to vacate our rental within 30 days. We were notified shortly after an ongoing plumbing issue was addressed. We have faithfully paid rent despite the repairs our landlord had failed to do, minus the one my husband did because of the fire hazard and lack of smoke detectors. We do... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

It depends in large part on the terms of your lease agreement. If your lease is up and the lease only requires your landlord to now give 30 days notice to vacate, it may be within the property owner's rights to ask you to leave in accordance with the terms of the lease. You would need to... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: I have legal custody of my son his mother had a visitation with him and she refuses to return him and has left the state

I called the cops and they say it's a civil matter even though I have legal custody of my son we've been through Court

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

There are a number of options here depending on the specific circumstances of your case. Law enforcement is sometimes the last resort. Sometimes law enforcement won't assist without a further court order. Depending on the circumstances, you may need to get an order stating that law... Read more »

1 Answer | Asked in Personal Injury for Nebraska on
Q: Can I sue a place where I got hurt? Ending up with stitches and other injuries?

I was in the whirlpool and when I got out, I sat down on the bench to cool off when I blacked out and fell onto the floor. There were no lifeguards or anyone else in the pool area. I got six staples in my head, a CT scan, and was given antibiotics and pain reliever.

Tim Akpinar
Tim Akpinar
answered on May 28, 2022

A Nebraska attorney could advise best, but your question remains open for two weeks. Liability in aquatic facility settings is sometimes argued both ways by defense attorneys and plaintiff attorneys, depending on the circumstances. Defense attorneys sometimes characterize spontaneous medical events... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Nebraska on
Q: local grocery store for 8 years would not give me my rewards perks. My groceries are paid. Store refuses. Embarrassed m

I have my receipt and copy of debit from my bank account. They made me very uncomfortable like I was a thief the manager kept saying I'm not giving you any rewards until you pay for these groceries which are already paid for I never felt so embarrassed. I just happened to be a licensed and... Read more »

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

A Nebraska attorney could advise best, but your post remains open for three weeks. In terms of the incident you describe and your chosen categories of Personal Injury and Civil Litigation, it's possible you're thinking along the lines of an emotional distress-distress related caused of... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: When selling a house is it illegal to give a car away with the purchase of the house?

Can I be liable for any damages to the vehicle before or after a year once it is in the possession of the property buyer? What are my responsibilities once I have sold?

Julie Fowler
Julie Fowler
answered on May 4, 2022

If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: What can I do if I’ve been ineffectively represented by court appointed counsel?

I have an email where counsel literally denies my request to take action because of indigent status. Can I be denied rights guaranteed by the constitution for asking the courts for a lawyer instead of paying one?

Julie Fowler
Julie Fowler
answered on May 4, 2022

You can file a motion or appeal to ask the Court to find that the conviction should be reversed or reheard due to ineffective assistance of counsel.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Why is there only a 10 day time frame to file motion for new trial following a verdict?
Julie Fowler
Julie Fowler
answered on May 4, 2022

It isn't always 10 days. It depends on the grounds for the motion for new trial. For most reasons, the time limit is 10 days as set forth by statute.

For example, see Nebraska statute 29-2103.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I got pulled over for an expired registration (over 2 years) and was cited for that with a court date.

I was also cited for wheel tax and no proof of financial responsibility of the vehicle, which I think has something to do with my insurance even though it's current? I plan on updating my registration this month and my court date is in June. This is the first time this has happened to me, so I... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

You will want to provide proof to your attorney ahead of the court date that you got things updated/resolved prior to the Court date. Depending on what your record is and specific facts of your case, you may just be looking at a fine or you may still be looking at jail time. Generally these type... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: How long does DNA test results take to come back in court ordered paternity?

Follow up to other question - friend got the court order to do genetic testing for twins that a woman claims are his but she doesn't have custody. The kids are in foster care and state has filed to terminate her rights. He is currently in jail and pending revocation of probation. How long do... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Paternity tests result speeds depend on the lab. You can generally get rush results within a few days. Normally you would expect results from most labs within a few weeks.

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