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District of Columbia Questions & Answers
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 »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: What is the penalty for someone (green card holder) deliberately creating a false asylum application for their relative?

This is a confidential question.

Paul E. Tennison
Paul E. Tennison answered on Jul 12, 2019

This is a public forum, it is not confidential. I recommend you consult with an attorney about this in person. Obviously it is not good. You are stating that someone has engaged in fraud against the government. If discovered that person could be prosecuted and it may affect the immigration status... Read more »

2 Answers | Asked in Immigration Law for District of Columbia on
Q: How to sponsor parents for green card?

My sister is currently attempting to sponsor my parents in receiving their green cards. My parents are currently on A-2 visas because my dad is employed with the Thai embassy as local staff. They both do not have medical records because rural thailand does not keep track of those very well. I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 25, 2019

You sister can file the visa petitions at the same time your parents file applications for green cards. Your sister will need to show financial sponsorship, too. Your parents will need to get medical exams, and any doctor qualified to do immigration medicals will be able to give them all of the... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for District of Columbia on
Q: Can u get arrested for not wearing a seatbelt?
Mark Oakley
Mark Oakley answered on Jun 10, 2019

No. It’s not even a moving violation and carries no points. Normal fine is $25.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Applying for H4 visa after two B2 visa rejections. What is the chance of H4 visa rejection?

My spouse's B2 visa got rejected twice (in two different cities, Kolkata & Delhi, in India) while my H1B visa transfer petition was in process to start a new job. Now my H1B visa is approved and stamped, and my spouse will be applying for H4 on my H1B. What are the chances for rejection? Which city... Read more »

Benjamin Williams
Benjamin Williams answered on May 30, 2019

A B2 visa rejection would not normally affect the H4 eligibility, but it depends why the B2 was rejected. If you're concerned, I would recommend that your wife speak to an attorney in person before applying, just to make sure there aren't any issues that would prevent her from qualifying.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I received i-130 approved in march 19th. (GC). But, before it reaches NVC i got a notice of intent to revoke. ask Marr C
Sheri A Benchetrit
Sheri A Benchetrit answered on May 30, 2019

You will need to meet with an experienced immigration attorney and provide them with a copy of the approval as well as the notice of intent to revoke. You will also have to give them all the information about yourself which will help them to give you the proper advice. Unfortunately, you have not... Read more »

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