Civil Litigation Questions & Answers

Q: Settlement was agreed to by former employer, my Co-D & Plaintiff, absent consent or knowledge from myself, in Pro Per.

1 Answer | Asked in Employment Law, Civil Litigation, Elder Law and Legal Malpractice for California on
Answered on Mar 27, 2017

Your facts are vague. Perhaps you should hire a lawyer or use self-help resources at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: If I file a DV case and a sexual assault against my husband in VAWA law will this be investigated as I have no proof

1 Answer | Asked in Family Law, Immigration Law, Civil Litigation and Civil Rights for California on
Answered on Mar 27, 2017

Obviously your testimony is evidence, along with any other proof. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: If a corporation obtains my NDA in confidence..

1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and White Collar Crime for California on
Answered on Mar 27, 2017

You may have a case for breach of contract and possible IP infringement. Your facts are vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Sachin is the managing director of a company. The company has not filed proper income tax for past 5 years.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law on
Answered on Mar 26, 2017

No. Employees are not at risk for liabilities of a corporation for which they work.
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Q: Is cook county small claims court rules more relaxed or difficult

1 Answer | Asked in Civil Litigation and Small Claims for Illinois on
Answered on Mar 25, 2017

The burden of proof in most, but not all civil lawsuits is a preponderance of evidence (more probably true than not true). Beyond a reasonable doubt is the burden of proof the state/government would have to reach in any criminal case. Small claims courts do not prevent a litigant from serving a subpoena on a witness to attend the trial. As long as you are able to lay the proper foundation, oral or written facts may be entered into evidence by the judge. Whether one would find the rules of...
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Q: Can you be sued for sharing your experience with a business?

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Illinois on
Answered on Mar 25, 2017

The only way to know or to render a legal opinion would be if you had an experienced contract lawyer review whatever employment contract or other agreement you are referring to that you believe legally prevents you and its binding on you from commenting about this business.
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Q: My ex husband has been my caregiver for four year can I ask for money to pay him on a law suit

1 Answer | Asked in Civil Litigation, Products Liability and Medical Malpractice for Florida on
Answered on Mar 24, 2017

If you already have a case pending with a personal injury / medical negligence attorney I suggest that you follow their advise. Based upon the limited information you provided I would say that filing a lawsuit or trying to add a claim to a lawsuit for caregiver services will likely not be allowed. Medical negligence cases are very complicated and complex and they also have a very detailed set of rules that must be followed through the courts. This does not sound like it would fit.
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Q: how long does it take for the Stinson, et al. v. The City of New York, et al. claim form to come back after filled out?

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Answered on Mar 24, 2017

See: https://www.nytimes.com/2017/01/23/nyregion/new-york-city-agrees-to-settlement-over-summonses-that-were-dismissed.html

What do you mean "come back"? Payment of the claims should occur within the time period ordered by the judge. You can access court orders and public documents filed in the case via the court clerk. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,...
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Q: Who is liable for a contingent employee for discrimination ?

1 Answer | Asked in Employment Discrimination, Appeals / Appellate Law and Civil Litigation for California on
Answered on Mar 24, 2017

It really depends on the facts. Who perpetrated the discrimination? Did the staffing agency have any reason to know about that? What kind of discrimination? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: Are clients of temporary staffing agencies required to kept records ?

1 Answer | Asked in Civil Litigation, Employment Law and Appeals / Appellate Law for California on
Answered on Mar 24, 2017

Usually yes, depending on the types of records (e.g., tax related documents and forms especially). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Is a document called "professional service agreement" an employment contract ?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for California on
Answered on Mar 24, 2017

That sounds like a contract, but you might still be considered an "at will" employee unless your potential contract states otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Hello I sold my house about 2 1/2 months ago , before selling we had a company come out and snake a floor drain due to

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Ohio on
Answered on Mar 24, 2017

These sorts of problems arise frequently, with a home buyer experiencing a problem that the seller might never have experienced. The buyer could sue the seller alleging fraud for failing to disclose the problem. Of course, the seller always denies having any knowledge, and sometimes it even is true. The buyer has the burden to prove in court that the seller had knowledge of the problem. Prior visits by a plumber could be enough to prove that the seller knew there was a plumbing problem, and...
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Q: If I cancel after minimum notice period in contract, am I liable to pay vendor for services not performed?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Illinois on
Answered on Mar 23, 2017

Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable. You would be well-served to have an experience attorney carefully review the contract you refer to and get an opinion on what your exposure to liability might be.
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Q: What can I do about a company who is charging me for services I never connected to and I threw away my paperwork.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Michigan on
Answered on Mar 23, 2017

Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if they can prove the existence of a contract, your breach of the contract, and their entitlement to damages for breach of the contract, they may obtain a judgment against you.
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Q: How can someone sign a Deed of trust from inheritance without having the Quitclaim signed off on

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for Tennessee on
Answered on Mar 23, 2017

Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.
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Q: Can an opposition refuse to answer interrogatories or produce documents simply because

2 Answers | Asked in Employment Law, Appeals / Appellate Law, Civil Litigation and Employment Discrimination for California on
Answered on Mar 22, 2017

No, those are not valid grounds on which to object to interrogatories or other pretrial discovery propounded by a party to a lawsuit.
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Q: What are my legal rights? Can I sue?

1 Answer | Asked in Civil Litigation and Small Claims for California on
Answered on Mar 22, 2017

Does your insurance not cover such rentals? If not, you may be able to sue the shop for negligence and/or breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: How do we return a product for a redund and cancel our payment plan? Weve made no payments and the box is still unopened

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for California on
Answered on Mar 22, 2017

The terms of your purchase agreement should provide for any protocol for refunds. Refer to that. If you didn't receive yet the additional goods, I see no reason to be billed for them. You may have to resort to small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: hi there I want to know how can take my husband out from home? he abuse me and my children spychologically

1 Answer | Asked in Divorce, Civil Litigation and Domestic Violence for New Jersey on
Answered on Mar 22, 2017

For an experienced matrimonial attorney, your case is not that difficult. You need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. Your questions and concerns cannot adequately be dealt with in this forum. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Good luck.
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Q: How can I place a lien against someone who owes money from a small claims judgment?

3 Answers | Asked in Civil Litigation and Collections for New York on
Answered on Mar 21, 2017

It depends on where you got the judgment, which your post does not say.
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