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Questions Answered by Brian Lehman
1 Answer | Asked in Consumer Law for New York on
Q: is there a way to sue a business-not telemarketers- for calling you and trying to contact you too many times?

I made an appointment with a physical therapist and they have been calling and emailing me almost constantly. I made it about a week ago and have been contacted at least 20 times. Is there anything I can do other than asking them to stop? That hasn't helped.

Brian Lehman
Brian Lehman
answered on Feb 22, 2017

Yes, you can sue under the Telephone Consumer Protection Act (“TCPA”). If you want to email me (contact information on my website, I can give you some good referrals for this. If you prevail, you may recover some money. I think it is worth talking with an attorney about.

1 Answer | Asked in Criminal Law for Texas on
Q: Is it wrong for a parole officer to take photos of a parolee outside while their is nighbors ?
Brian Lehman
Brian Lehman
answered on Feb 22, 2017

Not as a matter of law. It may be insensitive, but it is not illegal.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How do I speed the process of an appeal?
Brian Lehman
Brian Lehman
answered on Feb 22, 2017

You can file your papers sooner than the deadline, but other than that the court will make the decision on its time line. There is not anything you can do to speed it up at the appellate level.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can I talk to someone for just 5 minutes regarding an easement question and access to my property being blocked?

My neighbor has put a gate up on the easement road that is the only access to my property which is about a quarter mile back on this easement road from the entrance. He is blocking the easement with his gate and using it as acess to his adjacent property. He would not allow a timber man access to... View More

Brian Lehman
Brian Lehman
answered on Feb 21, 2017

You are welcome to call me (my contact information is on my website). I'd be happy to give you a referral. In the meantime, you might find the briefs and opinion in this case helpful in providing an overview of the law of easements in a general way although your question will be determined... View More

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Florida on
Q: How come, Bape doesnt sue Sprayground for having the same 'shark mouth'?
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Litigation can be expensive so Bape may have decided just to let it go. In New York City, there are dozens of "Ray's" Pizzas and everyone let's it go: https://en.wikipedia.org/wiki/Ray's_Pizza

1 Answer | Asked in Trademark for Florida on
Q: Can a defendant speak with the plaintiffs attorney to settle a civil case?
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Assuming the defendant does not have a lawyer, then yes. If the defendant has a lawyer the plaintiff's attorney may not speak to that person. Many lawyers won't speak to someone if that don't have an attorney as a personal way of conducting their practice.

Finally, not that...
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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can your probation be modified without my agreement or past my telease date
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Yes, your probation is determined by the judge and can be modified as circumstances change regardless of your consent because you were found guilty of a crime (either you had a verdict or plead guilty). Probation often goes past release dates. The best thing to do is talk to a lawyer and have... View More

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1 Answer | Asked in Employment Law for Tennessee on
Q: Can my employer discuss my employment with a coworker telling them I'm fired before I know
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Yes, there is no law that prohibits that, although there may be other facts that you haven't listed here that give rise to a cause of action or this may be a piece of evidence in a bigger story of unlawful conduct.

1 Answer | Asked in Child Custody for Connecticut on
Q: I have joint custody with my ex. He lives in Georgia, I don't. Can I file for full custody??

He hasn't seen the kids in three years. All the sudden he is saying he has rights to see them, mind you my kids are 8 & 5 so don't even know who he is anymore. Can I file for full custody and be done with him for good?

Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Yes, you can file for that. But getting a lawyer who specializes in this area of law and can help you put together the evidence in the right way is very helpful. Here is a list of lawyers that specialize in family law near you: https://www.justia.com/lawyers/family-law/connecticut/enfield

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My daughter's dad recieves ssd and also works a pt/30 hour/week job. Is he exempt from paying support since he gets SSD?
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

No, he is not exempt. "If you become disabled and begin to receive disability benefits, your obligation to pay child support does not stop. You will still be required to pay the child support that has been mandated by the courts."... View More

1 Answer | Asked in Domestic Violence for Texas on
Q: Can I get restraining order for harassment when children are involved on my kids father
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Yes. Here is some more information:

http://www.womenslaw.org/laws_state_type.php?id=98&state_code=TX

http://legalbeagle.com/6109507-requirements-restraining-order-texas.html

2 Answers | Asked in Civil Rights for California on
Q: Am i allowed to film on school campus if im a student there

my phone has been taken away from the school is that allowed

Brian Lehman
Brian Lehman
answered on Feb 20, 2017

More specifics are needed such as is the school private or public and what were you filming and where on campus. Is this a high school or college? Or younger than that?

In general, most (but not all) lower federal courts have generally said that the First Amendment protects a right to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Sink disposal went out who responsible our landlord or us??

The sink disposal went out my husband tryed to restarted no luck ... now there's water not going down .. we called our lanlord she yelled at my husband told him it was his responsibility and then told him she was going to evict us for not fixing it

Brian Lehman
Brian Lehman
answered on Feb 20, 2017

My opinion: the landlord in California. You need it repaired for the place to be livable.

http://www.dca.ca.gov/publications/landlordbook/problems.shtml

"The landlord has this duty to repair because of a California Supreme Court case, called Green v. Superior Court,130 which...
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2 Answers | Asked in DUI / DWI for Indiana on
Q: aren't you suppossed to recieve an arrest report at the time of arrest

i was told by the jail that i can't get one til my attorney gets one when I go to court. I don't have a lawyer and may need to represent myself

Brian Lehman
Brian Lehman
answered on Feb 19, 2017

You will be given a lawyer if you can't afford one in a criminal case. That is why you were told you will get one when your attorney gets one. I highly recommend using the lawyer or getting one for a criminal matter.

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2 Answers | Asked in Criminal Law for California on
Q: I am being charged with a misdemeanor AC 417 A-1 my public defender is not helping me I am currently in the courtroom

How do I fire my public defender

Brian Lehman
Brian Lehman
answered on Feb 20, 2017

"Public defenders are subject to discipline by the Public Defender Services Commission and the chief public defender. The chief public defender serves head of the commission but also has independent disciplinary powers. Therefore, a defendant who feels he was improperly represented may make a... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can a 20 year old female lesbian date a 17 year old female teenager without parents consent?
Brian Lehman
Brian Lehman
answered on Feb 17, 2017

Yes, so long as no sexual conduct takes place. Here is what one attorney has written (http://www.shouselaw.com/statutory_rape.html)

Under California Penal Code 261.5 PC, a "statutory rape" takes place when any person engages in sexual intercourse with a person under the age of...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: What are the penalties for §16-105-B1. and I'm 18 years of age
Brian Lehman
Brian Lehman
answered on Feb 17, 2017

I found a local Maryland attorney who explained the answer well:

"Driving on a learner’s permit without the above conditions being met can result in a charge of Holder of a Learner’s Permit Driving Without Required Supervision under TA § 16-105, which is punishable by five points...
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1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Will I get offer a settlement from workers comp?

I was burned at work with scalding water that left 2nd degree burns on forearm,chest,and small burn on left breast. The burns healed but left large scaring. I live in TN

Brian Lehman
Brian Lehman
answered on Feb 17, 2017

Settlement offers are up to the party or attorney representing the party. It's not possible to predict what that person will offer.

I would think a lawyer could be of real help here. With that said, here is A Beginner's Guide to TN Workers' Compensation:...
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1 Answer | Asked in Real Estate Law for Texas on
Q: do recorded restrictions and covenants need to be refiled every ten years or is the term defined in the document
Brian Lehman
Brian Lehman
answered on Feb 17, 2017

I would check with a lawyer if you need to be absolutely sure, but it depends on the language of the covenant.

Here is an overview:

http://www.wcglaw.net/assets/docs/publications/Amend%20Modify%20Restrictive%20Covenants.pdf

Here is a flow chart that may be helpful:...
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1 Answer | Asked in Appeals / Appellate Law and Communications Law for California on
Q: What is the time frame/limit for the court of appeals to respond to my reply brief (after opening N response brief)?

By using google, I just found that the 11th Circuit Court affirmed the dismissal of my case on 2/10/2017 (but I have not received the court's decision by today 2/16/2017).

This is a VERY special case, where top university administrators committed a series of wrongdoings (repeated power... View More

Brian Lehman
Brian Lehman
answered on Feb 16, 2017

Here is a post on how the 11th Circuit decides cases from four years ago: https://brieflywriting.com/2012/04/09/a-peek-inside-the-chambers-how-the-eleventh-circuit-court-of-appeals-decides-cases/

The median time, according to the Administrative Office of the United States Courts, shows it...
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