Delaware Questions & Answers by Practice Area


Delaware Questions & Answers

Q: In a Delaware Civil Jury Trial for Personal Injury where jury finds for Plaintiff, how can a just award be made ?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Oct 2, 2018
Peter Munsing's answer
Delaware juries are relatively conservative so obviously the evidence and testimony motivated them to provide full and fair compensation. If the verdict is excessive the defendant can file an appeal.

Q: I have a commercial lease. The landlord isn’t doing repairs that are needed. Can I withhold rent?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Sep 24, 2018
Salim U. Shaikh's answer
You must write to owner of apartment giving full details of repairs needed for over a year. Either he must immediately arrange to repair or replace the faulty items or otherwise you must specify that this job will be done out of monthly rent and the whole cost will be borne by the owner.

You should avoid withholding rent meantime.

Q: Can my landlord keep my deposit for allegedly failing to give 60 days notice when I never renewed my lease?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Sep 24, 2018
Salim U. Shaikh's answer
Given details suggest you better write to ex-LL and request for refund of SD and wait his response for few days. If no response is received, you may opt to sue him at Small Claims Court for refund in double plus cost of legal fee that you paid.

Q: When your job is closing down, you sign your release papers to get your severance package is that release for open cases

1 Answer | Asked in Workers' Compensation for Delaware on
Answered on Sep 13, 2018
Brian E Lutness' answer
It depends on the terms of severance package but ordinarily a workers compensation case requires approval from the Industrial Accident Board before it can be released. If you have open workers compensation claims please call me to discuss your case at (302) 547-7752.

Q: I received an out of state subpoena in the mail. Do I have to attend? it's from MN and I live in Ohio

1 Answer | Asked in Criminal Law for Delaware on
Answered on Sep 11, 2018
Gary Kollin's answer
Here are some answers which may help you

https://www.avvo.com/legal-answers/subpoena-to-testify-in-a-criminal-trial-in-another-1212086.html

Q: Does the landlord has the right to charge me $2,500 for an entire new AC unit replaced?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Sep 10, 2018
Salim U. Shaikh's answer
No, unless there is a deliberate misuse or damage but that too only to the extent of repair.

Q: In a car accident. The person at fault's insurance company wants my medical records sent to them. Should I send?

1 Answer | Asked in Workers' Compensation and Car Accidents for Delaware on
Answered on Sep 8, 2018
Timur Akpinar's answer
It is curious that an offer should be made without seeing the medical records.

You could consult with an experienced personal injury attorney to help you make a well-informed decision here. An attorney could advise you about the factors that are considered in determining the value of such cases. They could outline the damages you could possibly be entitled to, based on the detailed facts of the case and your injuries.

Regardless of whether you choose to retain an attorney to...

Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?

1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Answered on Jul 21, 2018
Vincent Gallo's answer
The executed Contract should contain those answers.

Q: I have a bad mold issue. I have had it professionally tested and the results came back horrible. What is my next step?

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Small Claims for Delaware on
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
You can sue the landlord considering you were under his premises while the mold accumulated! That is a premises liability suit depending on the time frame the mold was formed.

Q: Would this situation be considered trademark infringement? Details provided. Thank you!

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Answered on Jun 4, 2018
Benton R Patterson III's answer
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the other company is truly a prior user.

Q: Servere rashes on body from well water. Told landlord 2 months ago and nothing was done. What rights do I have?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jun 2, 2018
Salim U. Shaikh's answer
You must report report the matter to health dept. for thorough check up being a health hazard issue not only for you but whosoever come later.

Secondly, you must write him a formal letter + notice to move out and refund of your SD immediately;y so as to find another premises because of health issues due to rotten well water, get a medical report and also inform him of suing him for damages and expenses so incurred on treatment of skin allergies and move out due to his carelessness.

Q: Incorporation in Delaware: trademark exists for company name but in different sector

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Answered on May 31, 2018
Benton R Patterson III's answer
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.

The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software company provides something similar, it could be a problem. If you provide point of sale systems and the oil company's trademark is for drilling contracting, you are likely fine. US trademark...

Q: hello, yes i was a tenant that was paying rent to a lady that was subletting & not the real owner of the house .

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on May 30, 2018
Salim U. Shaikh's answer
Yes, you must sue her for misrepresentation, collection of rent, etc. fraudulently.

Q: Early-terminated lease, paid 3+ months rent and non-ending. How can I push the landlord to re-rent it or reduce my loss?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on May 13, 2018
Salim U. Shaikh's answer
Expecting that you formally delivered notice to terminate lease as given in terms of lease, moved out and handed over possession to LL, you are thereafter not required to pay rent for apartment which you do not possess nor stay. LL cannot demand rent for period till it is re-rented. As you indicated that it is still vacant for whatever reasons it may be, however, it is evident that that apartment was not worth living or ideally located, hence LL was over-charging the rent.

You are...

Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
Yes, you are subject to the 10-year bar.

Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. However under the provisional I-601 extreme hardship waiver your foreign national spouse may not need to leave the United States to apply for the hardship waiver.

Immediate relatives can obtain a waiver of the...

Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.

To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.

The employer must be prepared to hire the foreign worker on a full-time and permanent...

Q: Pregnant and giving birth in the states.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, there could be a problem in you being readmitted to the US since you had a baby here on your tourist visa.

Q: I just got my LCA approved for my PREM application through EB2 green card application.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, under section 202(b) of the INA, you should be able to use Pakistan as your country of changeability.

Q: Trademarks and Infringement

1 Answer | Asked in Trademark for Delaware on
Answered on Mar 15, 2018
Benton R Patterson III's answer
You can use the word Nike to describe genuine Nike products. You just cannot call your own shoes Nike, or something similar in sound, shape, or appearance.

Q: I was backed into while parked. There was no damage to the cars but today I'm in pain. There was no report made that day

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Answered on Feb 26, 2018
Peter Munsing's answer
I have had several. Problem is if no damage it'll be uphill. Consult a member of the Del Assn for justice--they give free consults.

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