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
- Broker Fraud
- 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
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Delaware Questions & Answers
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...
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
Answered on Aug 14, 2017
Jonathan R. Roth's answer
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...
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...
Q: I was a passenger in a rental car that was in a non at fault accident and have bad back pain.
Peter Munsing's answer
Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.
Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.
Q: Looking to use photo memes in a free video game. Is this breaking any laws?
Will Blackton's answer
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.
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.
Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?
Peter Munsing's answer
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.
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.
Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse
Peter Munsing's answer
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.
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.
Q: can you list in your Maryland will as beneficial alternatives both children and grandchildren?
Kenneth V Zichi's answer
It is unclear what exactly you are asking, but I'm going to say 'yes' because regardless of how you interpret this you can leave assets to children, grandchildren, children AND grandchildren, or to Children first and then to grandchildren should something happen to the children.
But your statement in the will needs to be CLEAR AND UNAMBIGUOUS or there will be issues. Bottom line, it is ALWAYS a good idea to hire a local estate planning attorney to help you draft an appropriate will to...
It is unclear what exactly you are asking, but I'm going to say 'yes' because regardless of how you interpret this you can leave assets to children, grandchildren, children AND grandchildren, or to Children first and then to grandchildren should something happen to the children.
But your statement in the will needs to be CLEAR AND UNAMBIGUOUS or there will be issues. Bottom line, it is ALWAYS a good idea to hire a local estate planning attorney to help you draft an appropriate will to...
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
Answered on May 11, 2017
Robert C. Collins II's answer
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...
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...
Q: I had a heart attack while driving tractor trailer for a company. What are they responsible for?
Peter Munsing's answer
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.
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.
Q: If the judge gave me 30 days to move and I can't what will happen
Ben F Meek III's answer
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...
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...
Q: Can the police search my hotel room without issuing a search warrent
David Holloway's answer
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...
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...
Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.
David Holloway's answer
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...
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...
Q: Can a min owner in a Delaware LLC be liable to the individual whose co was the majority owner of the LLC?
Michael David Siegel's answer
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.
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.
Q: My lease expired in 2015. I'm month to month now. Do I still have to give 60 days notice? Or 30?
Brian Lehman's answer
"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...."
"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...."
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
Peter Munsing's answer
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.
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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