If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... View More
answered on May 11, 2022
Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... View More
I asked my current landlord for a reasonable accommodation for more time to move out based on my disabling conditions. When he replied via email he said “Could you please clarify : What is the nature of your disability? To be clear, (we) are not questioning your assertion that you are disabled... View More
answered on Apr 5, 2022
You did not state whether or not when you asked for additional time if you gave your landlord a letter from doctor along with your request for reasonable accommodation. If you did not, you should contact your doctor for a letter to give to your landlord. If you did give a letter to your landlord,... View More
answered on Oct 6, 2021
An Oregon attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, it is possible, but less likely if the matter involved something requiring personal service (as opposed to service by mail, leaving with a person of suitable age, etc., or other... View More
We opened the unit together but I paid it.
answered on Sep 1, 2021
When you say you opened it together, if you co-signed the rental agreement, the storage facility should have no problem allowing you access as long as your rent is paid to date. If you are not on the rental agreement, then your daughter will have to access the unit or possibly the storage facility... View More
If not, have other states had success in blocking vaccination mandates?
answered on Aug 20, 2021
I have not heard of anything in Oregon, and attempts in other states, as usual and expected by the legal community, have been unsuccessful.
I am trying to decipher our CCR, and I don't think that our City is testing for everything it needs, and it seems to be missing some information. I need to know if the Health Effects Language must be included or is just the likely source of contamination sufficent and what contaminates need... View More
answered on Jul 10, 2021
An Oregon attorney could advise best, but your post remains open for a week. A starting point could be environmental agencies and public health agencies in Oregon. On the federal level, the U.S. Environmental Protection Agency oversees environmental law, but nationwide, state departments of... View More
I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... View More
answered on Mar 10, 2021
I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... View More
I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?
answered on Dec 29, 2020
I appreciate your question. My research of the case, reveals that Rogers v. Saylor, 306 Or. 267 (1988) has not been overruled or negatively treated on appeal, even though it has been cited in 37 subsequent cases.
The case discusses the the limitations on individual or governmental liability... View More
answered on Dec 12, 2020
An Oregon attorney could answer best, but your question remains open for two weeks. But as a general note, "abandonment" is a broad term and needs more context. Abandonment can arise in a number of scenarios, whether in shameful settings, as in children, spouses, or pets, or in more... View More
I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... View More
answered on Nov 23, 2020
An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck
Tim Akpinar
Can a store deny entry to someone who has a legitimate medical condition for not wearing a mask, who's doctor agrees that wearing a mask would cause this person harm, and is receiving disability for this condition?
answered on Jun 9, 2020
An Oregon attorney could advise best here, as this could involve state measures, as well as federal measures, arising as a result of the pandemic. But the post remains open for two weeks - it's possible an attorney with insight into ADA and disability issues could have better insight into this... View More
Murder 2013 solved audio and CCTV from Police is wanted
answered on May 16, 2020
FOIA requests can generally be made by any person to any federal agency, but requests can also be denied for any number of reasons. If you are requesting information from a local police department, this is often done using a public information request.
Unfortunately, although anyone can... View More
Here is an how i see it
4. [...] I am prohibiting[...] gatherings of 25 people or more. This prohibition applies statewide.
5. [...] this Executive Order include, but are not limited to, any[...] events or activities, if a distance of at least three (3) feet between individuals... View More
answered on Mar 20, 2020
In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... View More
My mom banned me from hanging out with my best friend and she says if I do hang out with him, she’ll call the cops and have me arrested.
answered on Jan 9, 2020
The police don't arrest people for associating with other people. It isn't a crime. However you can be taken into custody if there is some other reason, ie a law you are violating. Frankly, if your mom wants you to avoid someone assume she has a good reason for saying that and respect... View More
too many to list, but pertains to inaccurate fmla hours calculated, false notations and accusatory notes, ada accommodations after fmla exhausted, discrimination, 2 month delay plus in begining interactive process, continueal repeatitive documented denial of accommodation without undue hardship and... View More
answered on Dec 12, 2019
You should consult an employment attorney related to potential violations of the Family Medical Leave Act and the Americans with Disabilities Act. Defamation claims are state-law specific, subject to limitations imposed by rights contained in the First Amendment. You should narrow your focus to... View More
My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... View More
answered on Nov 3, 2019
This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... View More
answered on Nov 4, 2019
Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon... View More
They have been doing work on water mains for over a month and we got 1 letter saying they would let us know when the water would be off but we have not been notified a single time out of dozens and our water heater ran dry multiple times and now is not working properly, i even emailed the city... View More
answered on Nov 9, 2019
The cost to litigate such a case could exceed the replacement costs to the heater. If other residents in your area also sustained related damages, that could help spread legal costs. That could be something to look into before consulting with a local attorney. Good luck
Tim Akpinar
I received an email asking whether or not a small child lives in my house. We have we can visitation with my husband 7 year old daughter. Landlord commanded custody agreement paperwork be given to her for her examination. Upon receiving she emailed all responses to her conclusion of terminating... View More
answered on Sep 29, 2019
Whether a landlord can prohibit further visitation likely depends upon the exact wording of your lease. Even if they can, your posting raises questions as to whether they are trying to terminate your tenancy lawfully. Consider reviewing both issues with a local landlord-tenant attorney to learn... View More
is there anything we can do to make sure there is not a third person this will happen to
answered on Sep 28, 2019
This isn't a legal question. However using common sense would go a long way to prevent such tragedies. You and the surviving members of your family should either get rid of any guns you have in your homes or be a responsible gun owner and get a secure gun safe and store you guns there. If... View More
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