Delaware Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Delaware Questions & Answers
Q: Trademarks and Infringement
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.
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
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.
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.
Q: My yearly lease ends at the end of this month & my landlord states i will automatically be placed on month to month..
Salim U. Shaikh's answer
If LL offer a month to month lease it may be fine provided it suits your requirement e.g. 60 days notice from either side to vacate the premises. Seek clarity as to how will LL calculate 60 days. Whatever is agreed, should not hurt you at the end. Your agreement should contain all these terms of the lease.
If LL offer a month to month lease it may be fine provided it suits your requirement e.g. 60 days notice from either side to vacate the premises. Seek clarity as to how will LL calculate 60 days. Whatever is agreed, should not hurt you at the end. Your agreement should contain all these terms of the lease.
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,
Peter Munsing's answer
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.
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.
Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?
Nels Hansen's answer
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 bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...
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 bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...
Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?
Kenneth V Zichi's answer
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 names and the annuity won't pass through probate there are additional issues.
Seek local legal help -- your divorce attorney probably knows how to best address the system in your area -- and...
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 names and the annuity won't pass through probate there are additional issues.
Seek local legal help -- your divorce attorney probably knows how to best address the system in your area -- and...
Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?
Kenneth V Zichi's answer
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 uncle according to the terms of the will? If so, then the REMAINDER interest in the house subject to your life 'lease' COULD be sold, but that won't impact your right to reside there. If it was not...
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 uncle according to the terms of the will? If so, then the REMAINDER interest in the house subject to your life 'lease' COULD be sold, but that won't impact your right to reside there. If it was not...
Q: Can I sue if a mini butane torch exploded in my face?.
Peter Munsing's answer
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 company--you wouldn't want it to happen to anyone else. Notify the CPSC.
However product cases are extremely expensive so if you don't have horrible injuries may not be worth the effort....
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 company--you wouldn't want it to happen to anyone else. Notify the CPSC.
However product cases are extremely expensive so if you don't have horrible injuries may not be worth the effort....
Q: Can my landlord require me to allow a potential "investor" access to the home if he is not there with him at the time?
Salim U. Shaikh's answer
As you are aware of LL's selling of home where you live in, who may authorize someone (buyer/investor) to visit in and out of your rented home to look and assess its condition, etc. etc. Presence of LL is not mandatory. However, you can convey your concerns to LL that you must have informed of full details of person(s) whosoever visit your home is subject to your availability between xxx time to xxx time xxx days and that too reservation of time prior to visit must be fixed.
As you are aware of LL's selling of home where you live in, who may authorize someone (buyer/investor) to visit in and out of your rented home to look and assess its condition, etc. etc. Presence of LL is not mandatory. However, you can convey your concerns to LL that you must have informed of full details of person(s) whosoever visit your home is subject to your availability between xxx time to xxx time xxx days and that too reservation of time prior to visit must be fixed.
Q: Does the tenant pay for moving cost if the landlord needs them to move to a new unit due to extensive repairs.
Salim U. Shaikh's answer
Depends on what your lease agreement say about it. In principle, landlord has to relocate you at the nearest point and all expenses thereon will be borne by him.
Depends on what your lease agreement say about it. In principle, landlord has to relocate you at the nearest point and all expenses thereon will be borne by him.
Q: I am relocating and gave 30 days notice, is the landlord allowed to charge for early termination?
Salim U. Shaikh's answer
If tenant has followed the terms and timeline given in lease in order to terminate lease, landlord is not allowed to charge for termination. Expenses on renovation etc. have to be incurred by landlord.
If tenant has followed the terms and timeline given in lease in order to terminate lease, landlord is not allowed to charge for termination. Expenses on renovation etc. have to be incurred by landlord.
Q: Q: Can a person be suspened from a job for 3 days with no explantion in DE
Salim U. Shaikh's answer
Your question needs further clarity. You claimed suspension from job for 3 days and on 4th day you have to join back or what? Seek explanation from your employer and in the meantime consult with Attorney of local jurisdiction for specific advice.
Your question needs further clarity. You claimed suspension from job for 3 days and on 4th day you have to join back or what? Seek explanation from your employer and in the meantime consult with Attorney of local jurisdiction for specific advice.
Q: Landlord is withholding deposit because I won't pay to have her carpets cleaned. Can she do this?
Salim U. Shaikh's answer
Whether carpet was cleaned or dusty at time you moved in that house. What does your agreement spell out about these nitty gritties?
Whether carpet was cleaned or dusty at time you moved in that house. What does your agreement spell out about these nitty gritties?
Q: if in auto accident , you receive 2 checks do the lawyer get 1/3 from both checks
Peter Munsing's answer
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)
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)
Q: I received 2 checks from auto accident . does the lawyer get 1/3from both checks? since it was one case
Peter Munsing's answer
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.
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.
Q: What are points and insurance impact for Delaware Licensed drivers on getting tickets in other state for e.g New Jersey
H. Scott Aalsberg Esq.'s answer
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.
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.
Q: I was told these patents were reassigned to new Millenium gaming. Would I be able to see that?
Griffin Klema's answer
You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov
Griffin Klema
https://klemalaw.com
You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov
Griffin Klema
https://klemalaw.com
Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?
Kenneth V Zichi's answer
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...
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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