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Delaware Questions & Answers

1 Answer | Asked in Construction Law for Delaware on

Q: Can you still go to a lawyer after you have gone through a TV consumer group such as NBC10 Responds?

Tim Akpinar answered on Aug 21, 2019

You should be able to. Those types of consumer troubleshooters often try to intervene and assist in solving problems for people in the community. But they don't generally act as legal advocates. If you do go to an attorney, bring your earlier efforts with the TV station to their attention, so that... Read more »

2 Answers | Asked in Bankruptcy for Delaware on

Q: Should I hire bankruptcy attorney in DE?

FTD sued me in Illinois over contract a dispute in March. I am in Cambridge, Mass. I hired an attorney in IL who specializes in contract law. In June while we were in litigation FTD declared bankruptcy in DE. Our case is placed on hold. My attorney in IL has been notified that we are one of the... Read more »

Stuart Nachbar answered on Jul 16, 2019

Even if it is to put a Proof of Claim, I would be retaining Counsel to handle same

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1 Answer | Asked in Contracts and Real Estate Law for Delaware on

Q: Is there any law in Delaware that states how long The LISTING Agent can HOLD an OFFER TO PURCHASE BEFORE PRESENTING?

I have made several offers to Purchase Real Estate and it seems these agents Hold onto these offers until something else comes in. I was under the impression that " TIME IS OF THE ESSENCE "

Bruce Alexander Minnick answered on Jul 8, 2019

It is impossible for anyone to find out if a Realtor is withholding offers, much less find out how long and the reason why. Think this all the way through: It could very well be that the seller has made it clear they will not accept any "low-ball" offers; and so the Realtor may be holding them--in... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Business Law for Delaware on

Q: What's the best state to open a stock/real estate holding company with a nonresident alien and a legal resident owner

Bruce Alexander Minnick answered on Jun 25, 2019

Before you start looking for types of "stock/real estate holding companies" you should call an Immigration lawyer and ask them if what you are trying to do is possible.

1 Answer | Asked in Consumer Law, Lemon Law and Products Liability for Delaware on

Q: Dealership and manufacture will not work with me on my defective camper. Can not find a layer for help.

Sorry meant Lawyer for help.

Tim Akpinar answered on Jun 21, 2019

Based on these limited details, it's difficult to say why you were not able to find a lawyer to help you. It's possible that lawyers you spoke with did not see a strong or viable case, they may have felt that legal costs would have been out of proportion with the scope of the dispute, among other... Read more »

1 Answer | Asked in Tax Law for Delaware on

Q: Can I use the tax treaty between the US and Portugal to pay taxes only in my home country?

I recently incorporated a LLC company in Delaware. I'm a Portuguese citizen living in Portugal. The products we sell are manufactured in the USA by a third party manufacturer, then shipped to a USA third party fulfillment center, and from there shipped to our customers. I don't own any warehouses,... Read more »

Bruce Alexander Minnick answered on May 24, 2019

Free practical advice offered for the last 41 years to people starting or operating their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on

Q: What is the cost to protect an invention and what documents do i need to provide?

Sean Erin Serraguard answered on May 1, 2019

The cost to have a professional draft an application can be as low as 4-5k and dramatically higher if you go through large firms. Filing the application will cost about 1720, unless discounts for small entity or micro entity apply. For filing, the main things you'll need are the complete... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Delaware on

Q: We haven’t had water continuosely for a period of 5 months. They wont fix. What are my legal remedies.

Well water, pump in landlords basement. Some days water is off for 13 hours, it’s now a daily occurrence. I’ve mailed landlord a registered letter. Rent paid on time for 12 years. Do I put rent in escrow account? A friend of mine would have fixed it for them, they refused. They are now angry... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

This is not (yet) a legal issue. This sounds like a problem best looked into by your county health department.

1 Answer | Asked in Business Law, Trademark and Intellectual Property for Delaware on

Q: Do I need to change my business name?

I registered my business in DE named “Goddess Financial”, after a trademark search I realized there is a company in Australia named “Financial Goddess”. (Registered their trademark in USA). We offer different services but both obviously in the financial industry. Do I have to change my... Read more »

Ahaji Kirk Amos answered on Apr 12, 2019

I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Delaware on

Q: Application 20150060259 has been granted! But I do not see the granted patent here, why?

Peter D. Mlynek answered on Mar 26, 2019

I do not speak for Justia. For any problems with this site, you are going to have to contact Justia owners directly, and not post it here on Ask a Lawyer.

But to answer your question: Application 14/532,102, titled Systems and Methods for Alcohol Recovery and Concentration of Stillage...
Read more »

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1 Answer | Asked in Intellectual Property for Delaware on

Q: Any updates? The application has been granted but not shown here

Griffin Klema answered on Mar 18, 2019

You don't identify what you are talking about, so we can't help you.

1 Answer | Asked in Bankruptcy for Delaware on

Q: where can I find archives of the Delaware code from 1985?

Timothy Denison answered on Mar 10, 2019

Your local law library it possibly online.

1 Answer | Asked in Bankruptcy for Delaware on

Q: Can I ask the debtor questions at the bankruptcy trial?

I am a creditor in a bankruptcy case. I put a motion in to have the case dismissed on several grounds, bankruptcy fraud, repetitive filings etc. the Trustee also filed a motion to dismiss the case. We have an upcoming trial. Will I have the opportunity to ask the debtor questions on the stand?

Timothy Denison answered on Feb 13, 2019

Yes, either at the 341 creditors meeting, the trial, or both.

2 Answers | Asked in Constitutional Law for Delaware on

Q: Someone suggested to prevent shoplifting at retail establishments that merchants should have all customers stand on

a scale upon entering and exiting. Would this be a violation of the 4th Amendment?

Tim Akpinar answered on Feb 9, 2019

It's an interesting question. Criminal law attorneys are the ones who know the Fourth Amendment best. The Fourth Amendment essentially provides protection to people against unreasonable searches. Constitutional law scholars might argue either side of the issue. It doesn't seem like something on... Read more »

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2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Delaware on

Q: If the opposing party claims I didn't properly preserve the evidence of my car accident case, does that mean my case

can't proceed to trial?

Rahlita D. Thornton answered on Nov 21, 2018

Do you have photos of the damage to your vehicle? This should be sufficient in most instances. Get an attorney on the case, especially if it just occurred.

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1 Answer | Asked in Personal Injury for Delaware on

Q: Do you always get pain and suffering in an award?

Tim Akpinar answered on Oct 21, 2018

It depends on the case. Pain and suffering is often a major component of personal injury awards. But there are cases where the damages only involve “economic losses,” comprised of things such as lost wages, medical bills, property damage, etc.

Tim Akpinar

1 Answer | Asked in Personal Injury for Delaware on

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

Why are juries finding for Plaintiff given so little (boardables) information - and then justly compensate the injured party for lost wages, permanent injury, pain & suffering, etc in addition to stated Medical bills?

Peter N. Munsing answered on Oct 2, 2018

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.

1 Answer | Asked in Workers' Compensation for Delaware on

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

Just trying to see if that closes a workmans comp case that's already open. I know i releases them from new ones but what about the ones still open?

Brian E Lutness answered on Sep 13, 2018

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.

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