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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
James L. Arrasmith
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answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: How is it legal for my husbands po to give permission for him to go to church then turn around and change his mind

Arrest him in the church and say that he was alone dropping off our daughter which he wasn't I was right there not update my husbands file and then the day he went to tell my husband he was sending him back to prison all of a sudden have the file updated with the dates but with some lies.. We... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you’re going through a very challenging and frustrating situation. It's important to gather all the facts and document everything that has happened, including dates, times, and any witnesses who can support your version of events. This documentation will be crucial in... View More

1 Answer | Asked in Patents (Intellectual Property) for Kansas on
Q: If I were creating a jibbitz for an air tag would that go against the patent
James L. Arrasmith
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answered on Aug 10, 2024

Creating a Jibbitz-style accessory for an AirTag could potentially involve patent considerations. It's important to check if there are any existing patents related to AirTag accessories, as your design might overlap with someone else's intellectual property. The key question is whether... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Internet Law for Kansas on
Q: How do get a restraining orders for cybekanr violent crimes kansas city missouri ot ex porte
James L. Arrasmith
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answered on Aug 6, 2024

To get a restraining order for cyber harassment or violent crimes in Kansas City, Missouri, start by going to the local courthouse. You can file a petition for an ex parte order of protection, which is a temporary order issued without the presence of the person you're filing against. This can... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.

The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More

James L. Arrasmith
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answered on Jun 29, 2024

Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:

1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and...
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1 Answer | Asked in Civil Rights and Health Care Law for Kansas on
Q: If a person hasn’t signed a HIPPA Oath are they allowed to record patient in a clinic without written consent?

I am a receptionist concerned with the rise of First Amendment Auditors and want to know how to approach a person who would come into the clinic and start recording PHI, staff, and patients without there written consent in the hypothetical situation this occurs? For clarification I work at a FQHC... View More

James L. Arrasmith
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answered on Jun 15, 2024

If someone comes into your clinic and starts recording, it is important to address the situation promptly. Despite Kansas being a one-party consent state, HIPAA regulations still apply in your healthcare setting, which prioritizes the privacy of patient health information (PHI).

When...
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1 Answer | Asked in Constitutional Law for Kansas on
Q: Detective came to home to search after bf was arrested w narcotics at separate location does this violate 4th amendment?

my boyfriend was pulled over and arrested with narcotics around 430pm. two detectives them came to my house requesting to search saying that they “knew there had to be more narcotics here than what he was caught with.” one detective said to me that “i can either give them permission to search... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you described raises significant concerns regarding potential violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The detectives' approach to obtaining your consent for the search could be considered coercive, particularly given... View More

1 Answer | Asked in Tax Law for Kansas on
Q: My employer is not taking out federal taxes and my w4 is updated and set to 0 exemptions
James L. Arrasmith
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answered on Jun 13, 2024

You should address this issue with your employer's payroll department first. Inform them that despite having your W-4 set to zero exemptions, federal taxes are not being withheld from your paycheck. It's important to ensure that your W-4 form has been properly processed and that there are... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: I have a court appointment lawyer that isn't doing her job. Olathe is trying to put a case on me and I need some help.

I have stage 4 bone and breast cancer and this case is bogus

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. It sounds incredibly stressful to be dealing with legal issues while managing your health. You have the right to effective legal representation, and if your court-appointed lawyer isn't doing their job, you can take steps to address this.... View More

1 Answer | Asked in Patents (Intellectual Property) for Kansas on
Q: Am I still able to create a patent for double mastectomy garments
James L. Arrasmith
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answered on Jun 22, 2024

To answer this question accurately, I'd need more context about the specific double mastectomy garment design you're considering patenting. However, I can provide some general guidance on patenting medical garments:

1. Novelty: For a patent to be granted, your invention must be...
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1 Answer | Asked in Criminal Law, Civil Rights and Contracts for Kansas on
Q: Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.

18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider:

1. Document everything:

- Gather all relevant documents, including the notarized contract, any communication...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: What are some key cases establishing joint operations between two agencies and independent actions, esp. during searches

Looking to find cases that establish how courts determine whether or not two, or more, law enforcement agencies are acting in a joint operation OR if one (or more) of these agencies acted independently? Basically, LEA (law enforcement agency) A conducted a search warrant and let LEA B know that... View More

James L. Arrasmith
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answered on Jun 10, 2024

Understanding how courts determine whether law enforcement agencies are acting jointly or independently during searches is crucial. A key case in this area is **United States v. Reed**, 15 F.3d 928 (9th Cir. 1994). In this case, the court considered whether multiple agencies were operating as a... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: Can I get a kansas drivers license if I have a dui in virginia?

I owe a fine still in virginia and I am supposed to take vasap

Brian Leininger
Brian Leininger
answered on Jun 6, 2024

No. Kansas will see that you still have things to take care of in Virginia. They will not give you a license until those things are fixed.

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My wife passed away. Before passing, other parties signed documents acting as MPOA and they made end of life decisions

The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of... View More

James L. Arrasmith
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answered on May 29, 2024

I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: If someone is sentenced to 27 months kdoc but have served over that in jail time credit would they be immediate release
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answered on May 27, 2024

If someone is sentenced to 27 months in the Kansas Department of Corrections (KDOC) but has already served more than 27 months in jail, they may be eligible for immediate release. The time already served should be credited towards their sentence.

To confirm this, it's essential to...
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1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Civil Rights Lawsuit and Sealed/Expunged Criminal Case Records.

How can a civil defense counsel include sealed criminal case documents as exhibits in their motion to dismiss to the court. They included an arrest warrant, search warrant, affidavits as exhibits from my criminal case that was dismissed and expunged. They knew my criminal record was sealed and... View More

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answered on May 24, 2024

Including sealed or expunged criminal case documents in a civil defense motion to dismiss is generally not permissible, as these records are meant to be confidential. If your criminal record was sealed or expunged, the defense counsel should not have used these documents as exhibits in their... View More

Q: Msds for aPeel

Exposure safety for grocery store stockers.

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2024

A Kansas attorney could advise best, but your question remains open for three weeks. It sounds like you want a copy of an MSDS (Material Safety Data Sheet). A general starting point for obtaining an MSDS is through a company's safety and environmental compliance office. Good luck

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1 Answer | Asked in Car Accidents for Kansas on
Q: Wanted advice on rental car accident

I’m an Indian master’s student at Pittsburg State University. I recently had a rough experience and could really use some advice and support.

In May, I rented a car from Enterprise and took full collision insurance. After 5pm one day, I got my periods and couldn't drive. I handed... View More

David Adams
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David Adams
answered on May 17, 2024

Several things need to be examined here. Was your boyfriend at fault? Was he covered under any other possible policy? What are the exact terms of your personal car insurance? We would be happy to discuss these items with you further if you would like. Legal help should be accessed sooner than later.

1 Answer | Asked in Real Estate Law and Tax Law for Kansas on
Q: real estate profit on primary house - unused portion taxed if not spent completely on new house?

Realized $225 profit on sale of my primary house. Building a new one may only take $110k or so. Am I taxed on unused portion of sellers proceeds? Sale in Kansas, building in Nebraska. I know Im not initially taxed on profit UP to $250k. But am I taxed on the unused portion, if the new house doesnt... View More

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answered on May 15, 2024

Based on the information provided, it seems you are asking about the tax implications of selling your primary residence and using the proceeds to build a new home. Here are the key points to consider:

1. Capital gains exclusion: If you owned and lived in the home as your primary residence...
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2 Answers | Asked in Estate Planning for Kansas on
Q: My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.

He is refusing to give me the will or information.

Anthony M. Avery
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answered on May 10, 2024

Usually an IRA has a designation of beneficiary. Rarely does it go through an Estate. If you know that the IRA is yours, hopefully with the designation clause, then contact the IRA Administrator and make a claim. Otherwise you must sue the Administrator for breach of contract, conversion, etc.

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