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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Contracts on
Q: how can i claim my payment as an attorney
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

Too little info to tell, but if you are asking here I doubt you are an attorney.

2 Answers | Asked in Intellectual Property for Oregon on
Q: How can I purchase this trademark title?

I am trying to start a travel company and would like to trademark my title and symbol.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2016

First, you need to make sure no one else is already using the same mark. You could do your own search using the Trademark Office's database (http://www.uspto.gov/trademark) but those only include the marks registered. A better option is to consult with a trademark attorney who can go over... View More

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1 Answer | Asked in Juvenile Law for Oregon on
Q: Im 16, Can i move out at 17?

Im 16, Can i move out at 17? I live in oregon and feel I can take care of myself. My b day is in Sep. My stepdad almost raped me and my mom doesnt believe me. I currently live with my grandma but I feel im in the way here. Ive found a suitable home for myself wich I can afford. If my mom agrees,... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2016

Review this handbook as to emancipation and other rights: http://www.mbabar.org/assets/documents/resources/juvrights.pdf

1 Answer | Asked in Animal / Dog Law and Personal Injury for Delaware on
Q: My neighbor fell and fractured her pelvis because my dog jumped up on her. I've offered to pay her medical bills.

My question is, can she still sue me for more even if I fulfill my promise to her?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2016

Unless you get a release from her when you pay, yes she can. You are better off turning this over to your homeowner's or renter's insurance company to handle so they can pay the bills and make sure you are released from further responsibility after they pay her.

1 Answer | Asked in Employment Law for New York on
Q: Can I sue for lost wages if a allegation investigation proofs to be unfounded?

CPS is investigation an allegation of child abuse or neglect that through an employer internal investigation I was cleared and reinstated to administrative duties only until CPS completes their investigation. Prior to this I my schedule provided me with night differential pay but since my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2016

Who would you sue? CPS would likely be immune if they are just following up on a report/tip, and your employer would likely be fine. Now, if the person who reported it could be determined and if they were lying, then perhaps you could go after them, but good luck getting money out of an individual.

1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Q: Is it legal (in GA) to use a former employer's company and personal name in advertising, without permission?

This employee (actually subcontractor) left our company to serve a couple of our customers independently, and is a competitor. We had a non-compete, but it was signed in 2010, and our inadequate attorney didn't inform us of the GA law changing during that period, making it virtually... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2016

If she is only using it to discuss her work history and qualifications, and assuming it is factual and true, then there is no real issue. This is even if your company name was trademarked (your company name can only be trademarked, not copyrighted, but your logo could be copyrighted). But, if she... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: My daughter was burned in a fire that destroyed her house. Do I have a case against paramedics that didn't intubate her?

She was burned all over her face, chest, shoulders, arms/hands, legs/feet. Most were 2nd degree, some were 3rd. As a retired Paramedic in the CNY REMS, I would have sedated & intubated her as a precaution. Burns of the face/chest usually cause airway inhalation/thermal injury, which can... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

Find a wrongful death attorney in New York state, and do so ASAP since the EMT could have been a government entity and those require special notice usually within about 6 months.

1 Answer | Asked in Personal Injury for Texas on
Q: What is the libaility of a City park abutting residences, if a patron goes into an adjacent backyard to retrieve a ball?

There is a public City park that abuts neighborhood residences. Kids will often lose their balls in one of the neighbors backyards, so they jump the wall or fence and go into the yard of the homeowner to retrieve the ball. The homeowner wants the City to build a higher wall for them. What is the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

The city would basically be like any other neighbor and not responsible for the actions of the patrons who decide to trespass. One could possibly make an argument for dangerous condition of public property (if that is a theory in Texas) since the design seems to be poor if this happens often. AS to... View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: Were my rights violated

Lost job due to arrest

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

Usually an employer can fire you for most any reason, or no reason, since employment is at will. Exceptions apply if one was fired because you were in a protected class, as in you were fired because you were Muslim. Being arrested is not a protected class.

1 Answer | Asked in Copyright for Virginia on
Q: I am seeking to pursue copyright options; Can you represent me? Copyright 2020BMW
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

Attorneys cannot solicit your business in a forum such as this. You will have to seek out one, which you can use the find a lawyer link above to try and find a copyright attorney near you.

1 Answer | Asked in Copyright on
Q: My premier league league video was blocked on youtube although it doesn't infringe the fair use of copyrights law

I have uploaded a video on YouTube explaining the tactics in a match between Arsenal and Southampton in the Premier League and why Arsenal lost 4-0, then it was blocked worldwide after a month of uploading it because of a claim by the FA Premier League. Why did that happen? I think that there is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

First, the copyright may be based on the law of a jurisdiction other than the United States. Personally I do not know if they have a fair use defense, nor how similar it is. That said, even if US fair use applied, this gets very fact specific as to how trans-formative your usage was. Not to... View More

1 Answer | Asked in Copyright on
Q: Does it violate copyright laws to use a series, i.e. "Friends",&split an episode into clips of 30 second to 2-3 minutes?

The clips would be posted on a website to view by users for practicing English.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

In the most basic sense, yes, it would violate the copyright of these programs. Fair use would likely not cover this, but sitting down with an attorney and more fully go over your idea may be a good idea.

1 Answer | Asked in Contracts for Oregon on
Q: Why file a memorandum of option with the county? Does it have any bearing on an option to purchase contract? Thank you.
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

The only reason you really file with the county is for priority reasons.

1 Answer | Asked in Elder Law, Business Formation and Contracts for Oregon on
Q: Elderly sitting, like babysitting but for the elderly

Four hour maximum sitting time only. CPR certification only. Not looking to make a big business out of this. Would I need insurance, and if so what type? Would a simple contract be enough to cover my bases?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens... View More

1 Answer | Asked in Personal Injury for Washington on
Q: If someone breaks into my home, and my dog attacks them, can they sue?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

People can always sue, but here the likelihood of them winning is low. Your question is listed as Washington, but you are posting from California. If it was in California, despite strict liability for dog bites, the person cannot be trespassing, so they would loose. In any case, if you are sued,... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Would I have a case if asked to leave a doctor's office at 5 even after I told them I had to wait for my ride?

My five year old son and I were waiting for our ride to pick us up after an appointment he had at the dentist and at 5pm one of the office clerks came to the front and told us that we had to leave because it was time for them to close. I said well we are waiting on our ride and she responded with... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

Morally it may not be right, but they do not have to let you stay. Of course, you do not have to go back to that dentist (unless you have to due to Medicaid) and could mention this on social media so they have some incentive not to do this again. Plus, even if they did, it does not sound like you... View More

1 Answer | Asked in Employment Law for California on
Q: Is it legal in California to make one employee's retention bonus contingent on another employee also staying?

My team has been awarded a performance bonus payment which will vest after 6 months. They have also stipulated that if I leave in that time, no one gets the payment. Is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

Yes, bonuses are not really regulated by laws, they are just contractual matters between the parties. If they want to make that a condition they can, or they could just say no bonuses. Instead, they are using it to give everyone an incentive to stick around.

1 Answer | Asked in Employment Law for Louisiana on
Q: I think I was fired from my job without getting no write ups for being late to a class is there anything I could do?

My supervisor told me I was suspended. That someone from human resources was going to contact me about what's going to happen. When he call he just ask why I was late. He didn't really get into details that I was fired or anything. "He told that my supervisor was going to contact... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

Employment is at will meaning your employer can fire you for most any reason, or no reason at all. If your company had a progressive discipline policy, you may have some contractual rights there, but most of those policies still say that you can just be fired.

2 Answers | Asked in Consumer Law and Employment Law for Florida on
Q: Can I file an unemployment against Groupon for removing my company when they were my only source of income?

Groupon retaliated against my company when I refused to sign another contract that paid 50% below the cost. After saying, "No" for several weeks, the sales rep replied that I was, "Harsh and aggressive", and she stated she was going to have my company removed from Groupon. This... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 9, 2016

No, you cannot get unemployment with them. You were not their employee. You may have some contractual claims against them, though doubtful. I would suggest finding a local business law/contracts attorney to review your contracts though.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am have a case come up soon and I am look for a lowyer it for landlord / tenants
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

Attorneys cannot solicit your business in a forum like this. You need to call or email them. If you need help finding someone, you can use the find a lawyer link above or Google search landlord tenant attorney Seaside (though might have to get someone from Astoria or west metro).

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