Delaware Q&A by Practice Area


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Delaware Questions & Answers

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Delaware on

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

The results for stratysbotrys and other toxic molds have came back in high numbers. I had swab samples and air testing both done. I have contacted the county, health department, fire marshal, attorney general and not one of them can seem to help me. My landlord is not cooperating with me at all... Read more »

Camille Brooks Ibrahim answered on Jul 5, 2018

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.

2 Answers | Asked in Intellectual Property and Trademark for Delaware on

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

In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »

Benton R Patterson III answered on Jun 4, 2018

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... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for Delaware on

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

Hi,

We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »

Benton R Patterson III answered on May 31, 2018

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...
Read more »

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1 Answer | Asked in Immigration Law for Delaware on

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

I have a 21 year old son who is US born and lives there.

I lived in the US illegally for 24 years, no criminal record. Have bachelors and master's degree.

I have been outside the US for 7 years.

I want to return. I work for an American company and can transfer no problem.

Carl Shusterman answered on May 9, 2018

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...
Read more »

1 Answer | Asked in Immigration Law for Delaware on

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

I come across a business man, who wants to use my business knowledge and computer knowledge and he is willing to sponsor me green card on his business or personally.

is it possible for him to sponsor me green card through his company?

if yes, what are the requirements for his... Read more »

Carl Shusterman answered on May 9, 2018

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...
Read more »

1 Answer | Asked in Immigration Law for Delaware on

Q: Pregnant and giving birth in the states.

Im pregnant and in the states on tourist visa. I plan to give birth in the states upon doctors advice, since I have had two misscarriages and there are no good quality medical care in Liberia where I am from, but I will not be overtaying the 6 months I was given at immigration. I did not inform the... Read more »

Carl Shusterman answered on May 8, 2018

Yes, there could be a problem in you being readmitted to the US since you had a baby here on your tourist visa.

1 Answer | Asked in Immigration Law for Delaware on

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

I am born in India when my parent were Pakistan citizens and vacationing to India. Do I qualify for Just pass through exception of cross chargeability of my Parents birth country ?

Carl Shusterman answered on May 8, 2018

Yes, under section 202(b) of the INA, you should be able to use Pakistan as your country of changeability.

1 Answer | Asked in Trademark for Delaware on

Q: Trademarks and Infringement

Nike is a trade mark & a company. If I say our shoes are 10% less than Nike would that be an infringement of trade mark? Can I say Nike Buyers, get 10% off for example?

Benton R Patterson III answered on Mar 15, 2018

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.

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on

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

But today I filled a report. Do I have a case?

Peter N. Munsing answered on Feb 26, 2018

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.

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on

Q: In 2016 I was in a car accident , i was hit near the passenger side wheel, after I observed duties at a stop sign,

I was given a violation for duties at a stop sign by the arriving officer to the scene of the accident, (he was not present nor did he see the accident) what case law can be presented for defense ??

Peter N. Munsing answered on Feb 14, 2018

Look at the statute and argue you did what it said. Presumably you came out and someone hit you. If they didn't have a stop sign too they have the right of way.

1 Answer | Asked in Bankruptcy for Delaware on

Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

One bureau shows closed 0 balance. The other shows 23k. Closed and written off as bad debt. The Bank is calling but not stating why. I have recieved no written correspondence. Can they reopen it this late? Should I call them back?

Nels Hansen answered on Jan 31, 2018

Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file... Read more »

1 Answer | Asked in Child Support, Estate Planning and Probate for Delaware on

Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?

He was almost $18K in child support arrears and his mom never knew about his annuity, so she never set up probate court. Instead she simply had him cremated. How do I place a lien against his annuity?

Kenneth V Zichi answered on Jan 17, 2018

If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.

The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary...
Read more »

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

Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have any... Read more »

Kenneth V Zichi answered on Jan 12, 2018

I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your...
Read more »

1 Answer | Asked in Products Liability and Personal Injury for Delaware on

Q: Can I sue if a mini butane torch exploded in my face?.

I was filling my mini butane torch to continue working on my artwork when it exploded in my face. It burnt my hair around my face, eyebrows, eyelashes and scorched my skin on face and neck. It happened last night, Friday, 12/22/17 and today is Saturday so my doctor is not available. Took photos... Read more »

Peter N. Munsing answered on Dec 23, 2017

go to an ER if you have any concerns about corneal burns/pain in the eyes. Follow up with a dermatologist on burns.

You can sue but that's expensive. First--save any and all items in use--the piece the filler.

Also all packing, receipt etc--put it in a box or bag.

Notify the...
Read more »

1 Answer | Asked in Copyright and Trademark for Delaware on

Q: trade mark question

hi , i am trying to start a company by a certain name , that name is taken (though their domain is hyphenated and i bought the original name domain).

they did not register the name as a trade mark and its free for the taking.

QUESTION!!

if i pay for the trademark and i take... Read more »

Karima Gulick answered on Oct 9, 2017

More details would be necessary to best answer your question.

1 Answer | Asked in Car Accidents for Delaware on

Q: if in auto accident , you receive 2 checks do the lawyer get 1/3 from both checks

I pay for under insured motorist and had to use just for that reason.1 check came from their insurance and 1 from my own

Peter N. Munsing answered on Sep 22, 2017

You bet. The underinusured is like another liability claim except the lawyer has to show your case is worth more than the limits of liablity s/he collected for you. The workman is worth his hire. (1 Timothy 5:18)

1 Answer | Asked in Car Accidents for Delaware on

Q: I received 2 checks from auto accident . does the lawyer get 1/3from both checks? since it was one case

Peter N. Munsing answered on Sep 22, 2017

Look at your fee agreement. It usually says for the amounts recovered. Two checks for one case mean that's the amount recovered. The exception might be if one was for property damage not part of an injury claim.

1 Answer | Asked in Traffic Tickets for Delaware on

Q: What are points and insurance impact for Delaware Licensed drivers on getting tickets in other state for e.g New Jersey

Hello,

I'm a Delaware licensed driver with with clean record.

Recently when I was passing through New Jersey returning back to Delaware, I was stopped and given two tickets in New Jersey

a) Improper Passing for Passing on the Right (4 Point in NJ)

b) Speeding Ticket... Read more »

H. Scott Aalsberg Esq. answered on Sep 20, 2017

You need to ask this question to a Delaware Lawyer not NJ. But remember it is not just MVC points but also possible insurance implications.

1 Answer | Asked in Intellectual Property for Delaware on

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

Patents 20160051891; 20150339042; 9098969; 20140378199; 20060202671

Griffin Klema 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

1 Answer | Asked in Real Estate Law for Delaware on

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

One property includes our residence. The other one is farmland he just inherited.

Vincent Gallo answered on Aug 30, 2017

Sure you can, if you know tomproperly prepare them.

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