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1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Arizona on
Q: Can other driver pursue a case after insurance, court fault decision? Vehicle collision.

My son and I were involved in a vehicle collision where the other driver turned left in front of us on a blinking yellow light. Initially, our insurance placed fault on my son due to a ticket and one witness statement. We fought the ticket in court, and the judge found the witness statement... View More

David A. Azran
David A. Azran
answered on Mar 28, 2025

It appears that the court's reversal on the issue of legal liability was correctly decided in your favor. California Vehicle Code Section 21801(a) provides that oncoming traffic in a left-turn scenario has the right of way. An exception would be if the vehicle driving straight through the... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Are there income requirements for the I-751 Petition in Florida?

My fiancée arrived in the U.S. on a K-1 visa in July 2023, and we married within 90 days. She received her conditional Green Card in May 2024. When it comes time to file the I-751 Petition to Remove Conditions on her Green Card, are there any income requirements that we need to meet?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

No, as part of the I-751 petition you are not required to file a new I-864, affidavit of support, so there are no income requirements to be met. The purpose of the I-751 is to ascertain if you remain in a good faith marriage with your spouse and you will be required to submit proof of the continued... View More

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1 Answer | Asked in Collections, Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Utah on
Q: Is it legal for a repossession company to tow with someone inside the vehicle in Utah?

In Ogden, Utah, a repossession company towed my vehicle for a couple of feet while I was still inside it, and police officers were present but did not intervene. They mentioned that they couldn't do anything after the fact and attempted to get me out of the car, but I refused. Is it legal for... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2025

A couple of feet? The reason that people cannot ride in a towed vehicle, trailer, etc., is because of the possible catastrophic consequences of an accident involving the towed item. You were in no danger whatsoever, and indeed it was your fault for interfering with the repossession agent in the... View More

2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Alan Harrison
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answered on Mar 28, 2025

Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Personal Injury for Florida on
Q: A legal question for a YouTube video/ documentary I’m making about steroid use

Hi, I’m planning to interview a person who uses steroids and an illegal steroid dealer for a YouTube video. I’ll be blocking the dealer’s face and voice for anonymity. I just want to confirm if it’s completely legal to feature these interviews, or if there are any potential legal issues I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2025

From a civil law perspective: Best to get each interviewee's signed consent, specifying in detail exactly what you will do with the video(s), how long the video(s) will be public, and releasing you from any liability in connection with the video(s); otherwise, you are potentially opening... View More

1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Oklahoma on
Q: Can we take legal action for insurance policy change causing missed treatments?

My mother, who was covered by marketplace insurance, was undergoing cancer treatment when she missed several appointments after the doctor's office informed her that her insurance was inactive. The marketplace changed her insurance policy without notifying us, causing treatment delays. My... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2025

An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your mother. I'm afraid it does not sound like the strongest of cases. That doesn't mean I don't sympathize with your family. I find it upsetting that the... View More

1 Answer | Asked in Trademark, Business Law and Intellectual Property for Florida on
Q: Trademark concern between DiTu Best Sandwiches and D'TU Pizza in same area.

I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More

David Aldrich
David Aldrich
answered on Mar 28, 2025

There is a federal trademark registration for D'TU PIZZA:

https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

What you should do will depend in part on the dates each of you began using the marks and...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Can my wife sell her car during my bankruptcy without affecting the process?

I am going through a bankruptcy filing without my wife, but she wants to sell her car, on which I am listed as a co-owner. Can she sell the car without affecting my bankruptcy filing? The car is not listed as an asset in my bankruptcy, and there are no outstanding loans or legal agreements... View More

Timothy Denison
Timothy Denison
answered on Mar 28, 2025

If you are a co-owner of the car, the car should have been listed as an asset on your scheduled. That being said and with transparency being key, I would amend to add that. Given that your name is also on the car, I would amend and then wait until the bankruptcy is final before attempting to sell... View More

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3 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: How to be released from a purchase agreement as a seller in Florida?

I am a seller in Florida trying to be released from a purchase agreement that is over a year old. The agreement includes a clause stating the close date is based on obtaining a wetlands permit. The buyer did not apply for the permit during the first 10 months and currently refuses to execute the... View More

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

In Florida, sellers who wish to be released from a real estate purchase agreement generally must look to the specific terms and conditions set forth in the contract. Most agreements will contain provisions that govern termination, deadlines, conditions precedent (such as permitting or financing),... View More

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1 Answer | Asked in Probate and Estate Planning for Michigan on
Q: Can executor reimburse probate expenses from estate account in Michigan?

As the executor of an estate, can I write myself a check from the estate account to reimburse for probate expenses, even though there is no specific mention of reimbursement in the estate documents or court orders?

David Soble
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David Soble
answered on Mar 28, 2025

Whether the estate underwent probate with a will or without one ("intestate") determines this. Most wills have a provision that allows reimbursement for court expenses and reasonable fees. Explicit statements of this provision are not uncommon. To be safe, you'll need the... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Georgia on
Q: How can I find the correct service address for USAA Insurance regarding my car accident lawsuit in GA?

I was involved in a car accident in Columbia County, Georgia, and I am looking to file a lawsuit against USAA Insurance related to my uninsured motorist (UM) claim. USAA has advised that they do not need to inform me where to send service for the lawsuit. How do I find the correct address for... View More

Michael W. Horst
Michael W. Horst
answered on Mar 28, 2025

You need to serve USAA's registered agent. You can find the registered agent by looking on the website for the Office of the Georgia Secretary of State - Corporation's Division. Here is the link - https://ecorp.sos.ga.gov/BusinessSearch. My only word of caution is to make sure you have... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Banking and Real Estate Law for Ohio on
Q: Overpayment issue with rental company & bank endorsement requirements in Ohio

I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Can apartment management legally tow my car if there's no parking agreement or signage?

I live in an apartment building, and my car was out of service and parked in the building's parking lot for a month. I informed management via email that it was my car and that I was saving for repairs. Despite this, they towed my vehicle. There is no signage about towing or parking limits,... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

Sadly, more information is needed to fully answer the question. You stated "no formal lease agreement". What does that mean exactly? What kind of agreement is there? Are you paying the landlord directly? Are you a tenant? A subtenant? Your relationship to the building and parking... View More

2 Answers | Asked in Construction Law, Civil Litigation, Business Law and Real Estate Law for California on
Q: Am I entitled to a larger percentage in a class action settlement as the second homeowner?

I am involved in a class action lawsuit against the builder as the second owner of my house. The lawyer mentioned that the distribution of any settlement would be 80% to the first owner and 20% to me as the second owner. Am I entitled to a larger percentage, and what factors might influence this... View More

George W. Wolff
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George W. Wolff
answered on Mar 28, 2025

Yes, possibly.

If the same lawyer is representing both the new and old owner he may have a conflict of interest and should not be deciding how much you should get!!

If that is the case, you should immediately seek independent legal advice from a separate construction attorney !!!!!!!

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3 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: My employer refuses to pay me my sick time used during my two week notice period. Is it legal?

Macy’s in California. I had sick time available and PTO and sent a doctor’s note.

Dennis Dascanio
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Dennis Dascanio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

Dear concerned employee,

I understand your frustration with not getting your PTO or sick time when requested. My specialty is in workers compensation and this falls outside of my specialty. Additionally there are other factors that could affect your rights. My recommendation is that you...
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3 Answers | Asked in Probate, Family Law, Social Security and Public Benefits for California on
Q: Can I be appointed executor of my ex-spouse's estate in California?

I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we... View More

Howard E. Kane
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Howard E. Kane
answered on Mar 28, 2025

Your sons have priority to act as administrator per the priority schedule listed in the probate code.

However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the...
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2 Answers | Asked in Family Law and Probate for California on
Q: Who is the respondent for a posthumous QDRO in California when the ex-spouse is deceased?

I am a surviving spouse in San Mateo County, California, submitting a posthumous QDRO for a pension and annuity. My ex-spouse is deceased, and there is no probate process currently. The divorce decree states a 50% community property division. In this situation, who should be listed as the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 28, 2025

The caption of your case does not change. It's the same case title that was used in the divorce and with the same case number. The issue is who signs the QDRO now that one of the parties is deceased. For that, you will need a "successor in interest" to be designated and to then... View More

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3 Answers | Asked in DUI / DWI and Constitutional Law for Texas on
Q: Can an officer force me to take a blood test during a Texas DWI stop without a warrant?

During a DWI stop in Texas, I was informed of my rights and did not refuse any tests, even offering to take a breathalyzer. However, the officer insisted on a blood test without showing a warrant or explaining why a blood test was necessary. He stated that he didn't need to show me a warrant.... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 27, 2025

NO!

The only way that officer is correct is if you had a car wreck and someone was hurt.

Even then, he needs a warrant.

If they took your blood and are prosecuting you for DUI, you must object and have your attorney know what you have asked here.

If it was my case,...
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1 Answer | Asked in Probate and Tax Law for Michigan on
Q: Do I need to post a notice to creditors if no probate and no assets left?

When my mom passed away, her assets, including her home with a lady bird deed, automatically transferred to me and my brothers, and we're not going through probate. However, she may have owed a debt to the IRS, and there are no remaining assets to pay that debt. Do I still need to post a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 27, 2025

MUST you do so? No.

But it is still a good idea because it effectively reduces any statute of limitations to the ‘non-probate claims period’ which is drastically shorter than the general limits.

The wording is slightly different than the ‘probate’ notice but similar. I’d...
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3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: How do I file a medical malpractice and wrongful death case for my mother in California due to hospital negligence?

I want to file a medical malpractice and wrongful death case regarding my mother's treatment at Mercy San Juan in Carmichael, California. She was admitted to the hospital on January 23, 2025, with low oxygen and possible a-fib, but unknowingly had a UTI that made her agitated. Despite her... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2025

I am so sorry for your loss and for how she suffered needlessly.

There are many aspects of a medical malpractice/wrongful death case. First is the one year time limit. It appears you are well within that, but do not delay in getting an attorney.

The next issue is did the health...
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