Delaware Questions & Answers by Practice Area


Delaware Questions & Answers

Q: I was told these patents were reassigned to new Millenium gaming. Would I be able to see that?

1 Answer | Asked in Intellectual Property for Delaware on
Answered on Sep 17, 2017

You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov

Griffin Klema

https://klemalaw.com
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Q: My husband would like to have all of our joint properties put in solely my name. Can I prepare the deeds myself?

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Aug 30, 2017

Sure you can, if you know tomproperly prepare them.
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Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

1 Answer | Asked in Collections and Probate for Delaware on
Answered on Aug 23, 2017

Probably not, but if they try it is IMPORTANT that you defend yourself! Don't let court notices go unanswered, and be sure you have an attorney on board who can review the WHOLE situation to insure there isn't some important fact that would create liability that we are missing here!

Get a local lawyer on board NOW to help defend you if you feel this is likely to happen!

--This answer is provided for informational purposes only and does not create an attorney - client...
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Q: How can I optimize a sale of business assets when the business is no longer in good standing?

1 Answer | Asked in Business Formation, Mergers & Acquisitions and Tax Law for Delaware on
Answered on Aug 14, 2017

More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the business as opposed to the entity if you use the DE entity and liquidate it for capital gains purposes. Depending on the facts, there may be more options. I would contact a business attorney to...
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Q: I was a passenger in a rental car that was in a non at fault accident and have bad back pain.

1 Answer | Asked in Car Accidents for Delaware on
Answered on Aug 6, 2017

Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.
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Q: Looking to use photo memes in a free video game. Is this breaking any laws?

1 Answer | Asked in Copyright for Delaware on
Answered on Jun 29, 2017

Possibly. Did you take the photo and create the meme? If not, someone else probably had a copyright interest in the image. If you use it without their permission or a valid license, you could be liable for copyright infringement. Making money is not a requirement for copyright infringement. Additionally, if you use photos of people, you could also be liable for misappropriation of likeness or infringing upon someone's right of publicity, depending on your state's laws.
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Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Answered on Jun 29, 2017

1) If you made a turn it wasn't 10 seconds.

2) I assume you reported it to your insurance. Insurance will provide you with an attorney if you are sued..

3)If you didn't get a ticket you aren't in court.

Get a copy of the crash report. It may cast light on where the other driver came from but in my experience rarely does a car come out of nowhere.You had the stop sign, it's on you.
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Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse

1 Answer | Asked in Medical Malpractice and Wrongful Death for Delaware on
Answered on Jun 9, 2017

Suggest you contact a member of the Delaware Ass'n for Justice like Thomas Crumplar--you can tell him I suggested you call. Malpractice cases are tough, and a bad result doesn't mean you have a case--even a horrible result. But you should check with Mr. Crumplar. If he can't help you try Jim Erisman's office.
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Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Answered on May 11, 2017

The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in...
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Q: I had a heart attack while driving tractor trailer for a company. What are they responsible for?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Mar 7, 2017

Contact a member of the Delaware Assn for Justice--they give free consults. Attorney Thomas Crumplar may be able to help you. Feel free to use my name.
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Q: If the judge gave me 30 days to move and I can't what will happen

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and show cause why you shouldn't be punished for not obeying the prior order. Alternatively, the landlord may also be entitled to a writ of assistance, which is a judicial order removing you from the...
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Q: Can the police search my hotel room without issuing a search warrent

1 Answer | Asked in Criminal Law for Delaware on
Answered on Feb 1, 2017

Sometimes yes, sometimes no. It's going to depend on a ton of factors, including what they knew when they conducted the search, whether you were the person who rented the hotel room, whether you're on probation, whether others were in the room, and the presence or absence of exigent circumstances (fancy way of saying emergency). If they had probable cause that there was criminal activity taking place in the room and if there were any exigencies, then they wouldn't need a warrant to search the...
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Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.

1 Answer | Asked in Criminal Law for Delaware on
Answered on Feb 1, 2017

It's going to depend on whether he has other felonies on his record (no matter what state they're from), and what kinds of felonies they are. He is most likely looking at any/all of the following charges: firearm by person prohibited (x2), carrying a concealed deadly weapon ("CCDW") (x2), and potentially possession of firearm during the commission of a felony (depending on what he was doing when he got arrested with the 2 guns).

The Firearm by Person Prohibited charges are going to...
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Q: Can a min owner in a Delaware LLC be liable to the individual whose co was the majority owner of the LLC?

2 Answers | Asked in Business Law for Delaware on
Answered on Jan 27, 2017

Anyone can sue anyone if you pay the filing fee. Your question is way too vague. Yes, the operating agreement governs. So does what the claim even is, which you have not stated. Thus, if your real question is the success of such a claim, no one could know based on your post.
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Q: My lease expired in 2015. I'm month to month now. Do I still have to give 60 days notice? Or 30?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jan 22, 2017

"Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated...."
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Q: My step son hit and killed a man that was running across a 4 lane road at night, not in the crosswalk, and wearing dark

1 Answer | Asked in Personal Injury for Delaware on
Answered on Dec 31, 2016

Does he want to stir up a counterclaim? If he has collision, run it through that and let them be the bad guys. Note--if it's 4 lanes, and he was doing speed limit, should have picked up moving something or other out there, slowed down, may have had chance to avoid. I'd advise to let it go. So far he's ahead. "you dented my big old truck with your puny little body" just doesn't sound too good.
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Q: After I was arrested and incarcerated in Delaware, I was never given a chance to make a phone call even though I asked?

1 Answer | Asked in DUI / DWI for Delaware on
Answered on Oct 15, 2016

Well, unless you were subjected to interrogation without benefit of counsel, or otherwise prejudiced, your only recourse MAY be a civil tort claim. Consult a criminal defense attorney on the criminal case, though.
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Q: I almost fell through the porch of a home I've been renting for over 6yrs.Should I get an attorney?

1 Answer | Asked in Personal Injury and Landlord - Tenant for Delaware on
Answered on Oct 7, 2016

Get at least a consultation. Your case is tough because you lived there--didn't like it could've moved. Contact a member of the Delaware Trial Lawyers Assn--they give free consultations.
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Q: Should I surrender myself before getting fingerprinted for my new job?

1 Answer | Asked in Criminal Law and Employment Law for Delaware on
Answered on Sep 18, 2016

If you have to turn yourself in, that tells me you have an outstanding warrant. Better to turn yourself in with money in your pocket to post bond than wait to be picked up at an inconvenient time. Your work will find out no matter what.

Q: My sons HS band teacher makes them stay in the heat for hours w/no breaks. Is there a law regarding this issue?

2 Answers | Asked in Criminal Law and Personal Injury for Delaware on
Answered on Sep 17, 2016

As the band camp is technically an option it should be covered by education law parameters governing school sports.

Perhaps the band director needs to attend scout leader training or training for any other youth activitiy. You can ask the department of education or whoever regulates sports.

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