Get free answers to your legal questions from lawyers in your area.
I’m in a shift lead role. I recently got approved for a site transfer for October. This morning I was trying to staff the associates then was told by a higher ranked supervisor to step aside and let someone else do it. I was taken off my shift lead role for today and was placed on a station... View More
answered on Aug 21, 2024
Employment retaliation is when an employer takes adverse action against an employee for engaging in protected activity. Protected activities include making a complaint to a governmental body, participating in workplace investigations, or opposing discrimination.
Adverse actions are actions... View More
We have to give a 60 day notice, which they send out an email stating to reply to the email with said information. The information was confirmed and sent within that timely manner. I had and was allowed to have a ESA. The ESA was only allowed in one carpeted room. It was a room roughly 9x9. The... View More
answered on Aug 21, 2024
You can file a lawsuit for declaratory judgment that you do not owe those amounts. Obviously, lawsuits generally cost more money than $1844, so you will have to make a financial decision how badly this unpaid bill is affecting your credit.
I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More
answered on Aug 21, 2024
Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More
answered on Aug 19, 2024
In order to defeat a contention that a medical negligence claim is barred by the statute of limitations, the plaintiff must offer evidence to support a matter in avoidance of the statute. For example, if the plaintiff contends that he was under 12 years of age when the treatment or care was... View More
I need to talk to a lawyer that has filed one before regarding Rule 12 motion to dismiss.
answered on Aug 19, 2024
You likely will have a tough time. Successful Section 1983 cases against judges are extremely rare. Because of their extreme scarcity, there are likely only a handful of attorneys alive who have filed such a case against a judge.
Now many such cases are filed by pro se litigants who do... View More
There are three partners (LLC) and a rift has developed between them. Two partners wanted to buy out the third (P3) but have first given P3 the opportunity to buy them out.
All three partners, along with their spouses, were required to sign to be individually responsible for the entire term... View More
answered on Aug 19, 2024
It depends on the language of the Lease and of the Guaranties signed by the individual members.
It is not uncommon for a landlord to require each individual member of an LLC to personally guaranty a lease to the LLC if the LLC does not have established credit. Some leases provide that... View More
answered on Aug 19, 2024
In most circumstances, weddings rings are gifts that belong to the recipient as his or her separate property.
In rare circumstances involving family heirlooms, an argument can be made that they are conditional upon the continuation of the marriage.
answered on Aug 19, 2024
Our firm does handle this type of claim both with respect to cryptocurrency and NFT in investment scams. While there are legitimate investment opportunities, scammers can and have taken advantage of individuals who do not understand them.
That being said, these are high risk investments.... View More
He said the truck was worth 11000, but at the time of purchase he agreed to the sale price of $9000. He cashed the check for this amount.
answered on Aug 19, 2024
Texas has a four-year statute of limitations on a suit for collection of a debt, so it is likely too late for him to even pursue such a claim at this time.
I note that the purchase of a motor vehicle is a relatively simply transaction that most people can handle without an attorney. You... View More
answered on Aug 19, 2024
An executor of an estate can file a lawsuit pursuant to section 351.054 of the Texas Estates Code without an attorney. An executor owes fiduciary duties to the beneficiaries of the estate. So it is very important that the executor handle any such lawsuit with the same degree of skill as an... View More
My parents purachsed a horse for me when I was a child. Even though the horse is in my name, do I own it now that I am an adult, or do they since they signed on my behalf?
answered on Aug 16, 2024
Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.
The horse has been yours since it was purchased for you in your name.
Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about... View More
answered on Aug 15, 2024
You need to ask a medical doctor practicing in the area of emergency medicine whether disconnecting the bipap machine when transferring a patient into the ICU is a breach of the standard of care for a patient with your husband's symptoms. You will probably want that doctor to thoroughly... View More
answered on Aug 15, 2024
Each state's rules differ. In Texas, after you register your Delaware LLC as a foreign entity doing business in Texas, you must file your d/b/a with the Texas Secretary of State.
Other states may require it be filed in a similar statewide office, while some may require it be filed in... View More
I found tissue and plumbing stopped up but housekeeping never cleaned up and i had to use the restroom in that condition which is hazardous to my health for i have a pre existing medical condition
answered on Aug 15, 2024
Probably not. You would need expert medical testimony proving that the condition of the toilet proximately caused some sort of compensable damages, for example by requiring new additional medical treatment because it aggravated your pre-existing medical condition.
I FAILED WITH MY PERTITION AND NEED A RESPONSE.
answered on Aug 15, 2024
I handle appeals to the Supreme Court of Texas. In a typical appellate case, our firm requires an initial retainer of $25,000 to begin work.
I am bothered by your statement that you failed with your petition and need a response, as that is very ambiguous. There may be a timing issue... View More
answered on Aug 15, 2024
Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.
Mom and myself have a final order in that we agreed to with mediation and she's constantly breaching contract. I don't have an address on file and there is barely any communication coming from her so I'm not able to have a relationship with our son. I want to start over and fight... View More
answered on Aug 14, 2024
You need to make sure your address and other contact information is immediately updated with the court, with the mother, and with the state child support disbursement unit.
I strongly recommend that you make sure your child support payment history is accurate and shows that you have been... View More
answered on Aug 14, 2024
Yes, possession of any quantity of THC in Texas is a felony unless it falls within the "hemp" exception. The legal definition of "hemp" requires that it have a concentration of delta-9 THC that is not more than 0.3% on a dry weight basis.
It is very important that you... View More
The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More
answered on Aug 14, 2024
A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More
At that time a Class C misdemeanor is/was the only Class of misdemeanor that was unable to be enhanced!!!
answered on Aug 13, 2024
You should have retained an attorney who practices in the area of criminal appeals. In 1998--as is still true today--a conviction of a Class C misdemeanor does not carry a jail or prison sentence. An appeal asserting that you received a sentence outside of the range of punishment for the offense... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.