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District of Columbia Questions & Answers
1 Answer | Asked in Bankruptcy and Foreclosure for District of Columbia on
Q: Can the plaintiff's reopen a foreclosure civil case after summary judgment

This is after the case was closed and after the defendant is filed a 7 bankruptcy. DC, the plaintiff has requested a 60-day continuance

Timothy Denison
Timothy Denison answered on Dec 11, 2019

If the defendant has filed bankruptcy and listed that debt, all action on it is stayed unless relief is given by the court.

1 Answer | Asked in Banking, Business Law and Contracts for District of Columbia on
Q: Agreeing to a company ToS (like Amazon) gives it the right to own funds and not belong to them

Amazon holds billions of dollars of merchants whose funds have been frozen due to a ToS violation. In fact, it is their unethical way of making interest-free money and using it at will. Any solution

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2019

Wow.

Is your name Jeff Bezos? Or perhaps you work for Amazon in a very high-level operations position?

If not then please tell us (1) where you got this unbelievable information and (2) what your reason is for publishing this unbelievable information publicly here on Justia?...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for District of Columbia on
Q: Is there guidance on relying on citing caselaw that is current but that is now on appeal?
Tim Akpinar
Tim Akpinar answered on Nov 8, 2019

I cite such cases and denote that they are on appeal. Opposing counsel is likely to know the disposition of any of the cases you contemplate using anyway; take that as a given. It's best to be forthright. Not mentioning a case's status as being on appeal is not likely to fool anyone, and if it does... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on
Q: I had a truck use it’s air horn in a shopping center while my 2 month old daughter was across the street being fed.

Which agency would I be able to file a complaint against the company and driver. I am not sure that level of horn should be legal in that environment and am hoping there will be no lasting damage to my daughters hearing

Tim Akpinar
Tim Akpinar answered on Nov 1, 2019

I hope your daughter is okay. The EPA might be a place to request direction here. Noise is addressed in a number of statutes, and some of these are on the local government level. The Noise Control Act of 1972 addresses exposure to noise for the public at large and one of its stated goals is to... Read more »

1 Answer | Asked in Products Liability for District of Columbia on
Q: Can I sue a storage company for losing my items?

I am a student in the UK and during the summer I usually store my personal belongings in student storage here because they are cheap and effective. This year, however, I have been returned two out of the three items that I have placed in their custody, the third and last remaining item I had been... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 16, 2019

First look at the terms of your agreement. It's possible that they have provisions that outline the remedies of a customer. As a general matter, such agreements sometimes limit the forum to arbitration, or if they do accept civil suit, the venue is limited to the courts of a certain county, or the... Read more »

1 Answer | Asked in Contracts for District of Columbia on
Q: is there case law that supports reducing attorney's fees based on lost counts of a summary judgment?

Example: Defendant motions for summary judgment for 3 counts (fraud, breach of k, and negligence)after 1 year of litigation.The court rules in defendants favor for 2 of the 3 counts, ultimately after 1 more year of litigation the court finds for the Plaintiff on the remaining count and they award... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2019

No, but the amount of fees must be reasonable, and an argument can be made that the time and billing associated with the lost counts were not reasonable since the claims were rejected; therefore, some adjustment is appropriate. In the end, the amount of fees are left to the “sound judgment “ of... Read more »

2 Answers | Asked in Probate for District of Columbia on
Q: Estate Representative. One beneficiary is in federal prison. What is DC Probate law for distribution of money?
Richard Sternberg
Richard Sternberg answered on Oct 4, 2019

Being in prison doesn’t disqualify someone from an inheritance unless they killed their benefactor.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Any way to become legal?

I voluntarily departure in 2014 for 3 simple possessions of marijuana. I am married with a u.s citizen for 10 years with 3 kids I am wondering is there any waiver to help me out I came right back as soon as I got to my country

Stephen Arnold Black
Stephen Arnold Black answered on Sep 12, 2019

yes..it appears you would be a successful prospect for a waiver, but more facts would be needed to know. Discuss your case in private with counsel.

1 Answer | Asked in Contracts and Appeals / Appellate Law for District of Columbia on
Q: For this case what statutory interpretation is demonstrated?

what kind of law is used and how would you define the statutory interpretation used?

Tim Akpinar
Tim Akpinar answered on Sep 10, 2019

It's possible part of your post was left off. As a general matter, statutory interpretation is essentially what the definition suggests - the operation of a court interpreting legislation. Good luck

Tim Akpinar

2 Answers | Asked in Immigration Law for District of Columbia on
Q: I want to know if I can file for a green card with a pending asylum?

Concerning my case I file for asylum since 2015 but until now I haven't any response

Stephen Arnold Black
Stephen Arnold Black answered on Sep 5, 2019

When you say file for a green car pending asylum, I assume you mean to be the beneficiary of a marriage based spousal petition? Is that accurate?

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Q: How do I search for a patent granted to a young William Gates III between the years 1967-71 for a silicon chip or proces

I believe it to be a patent I sent him to the patent office with.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2019

This is not easy as the USPTO tools for searching fields such as name do not apply to patents from that time frame.

The assignment database goes back to 1980. The full text search tool on USPTO goes back to 1976. While the images of the earlier patents can be retrieved by patent number,...
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1 Answer | Asked in Patents (Intellectual Property) for District of Columbia on
Q: There is a product I want to rebrand, I cannot find a patent on this item. Is this possible?
Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2019

It is possible that the product you are looking at is not covered by a current patent.

The best place to start is with the product itself and the packaging that comes with the product. There is an incentive to mark the patent number on the product or at least a web page address that...
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1 Answer | Asked in Criminal Law and Personal Injury for District of Columbia on
Q: If person X climbed into person Y's window to commit murder. Y's window fell, chopped off X's head.

Y's window is a pull-up window. The window is in bad quality, and wasn't used frequently. The remaining body of the person X dropped from the sky, fell on a baby and the baby was killed. Can the baby's mother sue person Y? Is person Y at all responsible for this incident? Can person Y subsequently... Read more »

Gary Kollin
Gary Kollin answered on Sep 2, 2019

This site is for real legal problems, not hypotheticals

1 Answer | Asked in Insurance Bad Faith and Medical Malpractice for District of Columbia on
Q: I was hurt a work back in 1997 . I had two IMEs i was awarded life time medical for my knee . And never return to worker
Tim Akpinar
Tim Akpinar answered on Aug 31, 2019

There wasn't a question here, but it appears to involve an injury in the course of employment. You could repost with additional information/question - and maybe add Workers' Comp as a category if it is applicable to your matter. Good luck

Tim Akpinar

1 Answer | Asked in Domestic Violence and Sexual Harassment for District of Columbia on
Q: Is saying you couldnt care less if some one was floating down a river a threat?

My ex was harrassing my via text messages and social media and i said i couldnt care less if he was floating down a river and now hes threating to sue

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 21, 2019

Let him sue.

1 Answer | Asked in Patents (Intellectual Property) for District of Columbia on
Q: My wifes dad is Vincent Dotolo is she entitled to these patents?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 20, 2019

I presume that your FIL passed away, and you are asking if your wife, the next of kin, gets to inherit his patents.

Generally, patents are legally considered personal property, and thus the heirs can inherit patents just like a car, or an art collection.

Unfortunately, in your...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Answer to N-400 Application: Part 10 - 9 - B?

I am filing for my citizenship application (N-400). I need to know what should I put in Part 10 - 9 - B of the form "My Prior Spouse's Immigration status when my marriage ended"?

We get married in the US in 2013 in VA (both on J-1 visa). She went back and I applied for Asylum. I got it,... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 15, 2019

It is not expected that you know everything about your ex-wife. So by witting "unknown" should be sufficient and better than leaving the question unanswered.

Good luck!!

Sincerely,

Patricia C. Wall

Practice Limited to Immigration & Nationality Law

1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for District of Columbia on
Q: Coworker is making childish remarks and you say "your almost 70 yrs old and acting like a child."

Is one remark consider age discrimination or does it have to be a pattern of behavior?

Andrellos Mitchell
Andrellos Mitchell answered on Aug 6, 2019

Well, it depends on what the policy is at your workplace. Generally speaking, I would say that actual... Read more »

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: What happens in the District of Columbia in a "joint tenancy" when an individual passes?
Mark Oakley
Mark Oakley answered on Aug 5, 2019

The survivor of the two joint tenants becomes sole owner of the property as a matter of law. The survivor can, but need not, file a new deed to show the property is solely theirs. They will need the death certificate and a new deed drafted. Alternatively, they may only need to record the death... Read more »

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