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District of Columbia Questions & Answers
1 Answer | Asked in Health Care Law and Personal Injury for District of Columbia on
Q: A long term care facility offering rehabilitation failed to provide rehabilitation for three months, injury was incurred

Neither physical rehabilitation nor assistive devices were received. Governor's order required all licensed physical therapists to continue to provide care during state lock down.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

A Washington, DC attorney could advise best, but your post remains open for a week. Your post didn't include a question, but if you are wondering whether this could give rise to a legal cause of action, it could be a challenging case. You're looking at demonstrating damages that might... Read more »

3 Answers | Asked in Trademark for District of Columbia on
Q: How do I contact a trademark holder to speak with him/her about buying his/her trademark?
Joanne Belasco
Joanne Belasco answered on Aug 7, 2020

You can look up any federally-registered trademark at the USPTO site, www.uspto.gov. Once you find the trademark, you can click on the registration number to find who owns the trademark, and that person's or company's contact information.

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1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Since of COVID, does my landlord have to require me to disinfect the property when I move out?
Steven Krieger
Steven Krieger answered on Jul 29, 2020

You have the same obligations to clean the property pursuant to your lease, but the landlord cannot require to do anything additional.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Upstairs apartment leaked human wastewater into my apartment kitchen. What is my landlord's responsibility?

I have asked for a plumber - they are using a jack of all trades. I have asked to move into another empty unit, with the move fee waived - denied. I have asked for alternative accommodations until the repair and clean up is completed - denied. I have asked for a break in the rent, since the... Read more »

Steven Krieger
Steven Krieger answered on Jul 27, 2020

In DC, you're able to withhold rent for housing code violations and wastewater coming into your unit seems to qualify. The landlord may take you to court and you'd have to explain the housing code violation, but this is a viable remedy for you.

1 Answer | Asked in Business Formation and Business Law for District of Columbia on
Q: Changing from sole proprietorship to LLC: do I need to get my clients to re-sign their contracts with me?
Mark Oakley
Mark Oakley answered on Jul 26, 2020

If your written client contracts do not prohibit assignment of the contract to others (standard boilerplate provisions often are included that do), then you can simply notify all clients that you have formally organized your business as an LLC and have assigned all existing contracts to that... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Got RFE for I693 saying my previous medical wasn't done by an approved civil surgeon, but he was approved at the time.

I responded to RFE with a new medical exam within the timeframe, but if he was on the approved list at the time I first got medical exam done is there any action I can take to speed up my case? I had to pay another $500 out of pocket for redoing something I had previously done correctly. The RFE... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 22, 2020

You should have responded with proof of the MD's qualifications. however, since you already went ahead and spent the $500.00 there is nothing you can do. Your case may be placed in it original place in line if you submit the foregoing now.

2 Answers | Asked in Trademark for District of Columbia on
Q: Can I register the Trademark "No Fear"?

I want to start a hat company and name the company No Fear. Can do I that?

William Scott Goldman
William Scott Goldman answered on Jul 9, 2020

Most likely not as that could be considered a 'famous trademark' with an existing registration. But for a greater level of certainty, you may consider requesting a full trademark search and legal opinion. Please call or email with any further questions.

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1 Answer | Asked in Civil Litigation and Civil Rights for District of Columbia on
Q: Is a law firm responsible and liable for their attorney's misconduct?

I hired a lawyer that can practice in DC, however, his firm is based in Atlanta, Georgia. This lawyer lied, filed documents without my consent, and disappeared by not responding to emails and text messages, etc. and my case was just dismissed due to his erratic behavior.

I reached out to... Read more »

Steven Krieger
Steven Krieger answered on Jul 2, 2020

It sound like you may have a legal malpractice claim against the firm. Without more details, it's hard to provide more information, but it's certainly worth exploring and I'm sure anyone who responds would be happy to help if you decide to engage an attorney. Good luck.

1 Answer | Asked in Libel & Slander for District of Columbia on
Q: An anonymous account is posting defamatory rumors about me to 1500 followers They are mentioning me by name
Steven Krieger
Steven Krieger answered on Jun 25, 2020

You'd have to file a complaint in court and then issue a subpoena to the platform provider to release info about the account-holder. I'm sure anyone who responds would be happy to help if you decide to hire an attorney.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is there any updates or exceptions on green-card holder’s laws after pandemic to stay abroad more than 6 months?

How many months a green card holder can stay outside of United States without having any problems to enter the US again?

Should green card holder shows any proof that how many months he or she has been outside of the US?

Thanks

Rebecca Niburg
Rebecca Niburg answered on Jun 22, 2020

Good morning,

The 6 month rule is less a rule and more of a guideline. Especially during these times, I certainly would make sure you had information about how COVID and travel restrictions have impacted your ability to be in the US. It will come down to whether you intended to abandon...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is there a new update or exception on green-card holder’s laws for staying abroad during the pandemic time?

If i stay outside of The united states under 6 months should i prepare any proof or document about the traveling purpose?

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 18, 2020

Hi, as of right now, there is no new law regarding long stays outside the U.S.for GC holders. There is no harm in gathering documents regarding your travels. It could come handy when you apply for Naturalization.

Besides, staying outside the U.S for less than 6 months will typically not...
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1 Answer | Asked in Civil Litigation for District of Columbia on
Q: What forms or action needs taken on behalf of client legal rep in a current litigation or court case if untimely death?

The client or plaintiff has legal rep . In case of untimely death. What action does legal rep need to do to continue court case

Mark Oakley
Mark Oakley answered on Jun 1, 2020

It depends on whether the type of claim is one that survives the death of the party in the case. Some claims do not survive and must come to an end (libel actions, for instance; child support/alimony and custody cases; etc.). others, such as contract actions, claims for damages caused by... Read more »

2 Answers | Asked in Trademark for District of Columbia on
Q: What can I do about a cease and desist email regarding a trademark?

Been resolved - thank you!

Tania Maria Williams
Tania Maria Williams answered on May 4, 2020

You want to enlist the help of an attorney with a cease and desist. Trademark owners have to police their mark so some will for infringement when the cease and desist letters go unanswered while others may not.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am an American, my wife is Peruvian, she worked after the contract & visa expired. I-130 interview?

All the G-5 nanny's under the IDB Bank and their "families", were sent back to their countries, but we were married on 1/19/2019 & filed all the paperwork well before her contract expiration. Biometrics done, temp Real ID done, work permit issued, interview pending but she... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 13, 2020

This isn't tax advice, and you should consult with a tax attorney or CPA for your tax questions.

For her interview, since you filed under, I'm guessing, an I-130 based on marriage, so it's an immediate relative petition. For these, the USCIS does not consider unauthorized...
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1 Answer | Asked in Copyright for District of Columbia on
Q: Does a printed book retain the copyright year of the online book?

I edit the United States Code. If the online Code is published in 2019 but the printed volume is not published until 2020, should the printed volume's copyright year remain 2019?

Barbara Berschler
Barbara Berschler answered on Apr 8, 2020

If the printed version appearing in 2020 is the same as the 2019 version, then it sounds like they are the same work just offered in another format, such a hardback book and a paperback. If there are changes between the 2 versions, you could note two copyright dates in the later version. You... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can a private school terminate a students SEVIS for nonpayment.

Can a private school terminate a students SEVIS for nonpayment. A friend of mine who's an international student (F-1) has been having financial issues due to coronavirus, he asked for more time to make the last payment but the school has been threatening him that they would not let him join... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2020

You can access Studyinthestates.dhs.gov to view all of the reasons that can be used to terminate your registration with SEVIS.

You will note that school suspension is one of the reasons that can be used.

Good luck to you.

1 Answer | Asked in Medical Malpractice for District of Columbia on
Q: Possible malpractice suit?

I have been under Invisalign treatment for two years now with 2 different dentists ($4500). When I started, I was told I was a great candidate. I had an underbite and a bad midline (still do). After a couple of months into treatment, my job transferred me, so I transferred my case to another... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

A Washington D.C. attorney would be best qualified to advise, but your post remains open for three weeks. As a general matter, it could depend on whether a jury felt that there was a breach of a duty of a medical/dental standard of care. It seems like it would be a complex and difficult case... Read more »

2 Answers | Asked in Bankruptcy for District of Columbia on
Q: We need to file for bankruptcy can you help?
Andrellos Mitchell
Andrellos Mitchell answered on Feb 26, 2020

Yes.

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1 Answer | Asked in Copyright and Trademark for District of Columbia on
Q: Are there any copyright or trademark issues in using "There's no place like home" in the headline of an advertisement?

Thank you for your answer. This advertisement is for a university and recruiting purposes.

Robyn T. Williams
Robyn T. Williams answered on Feb 11, 2020

Such phraseology falls under trademarks. Whether your use of "there is no place like home" for an advertisement will be problematic, depends on the products for which you are advertising. There are 15 live registrations in the USPTO with the phrase, or some variation thereof, in use. If... Read more »

1 Answer | Asked in Probate for District of Columbia on
Q: hello my mom passed in 2007 there was probate court now 11 years later my nephew is living in the house

he put his name on the deed even tho i am pretty sure i an next hier can i get the home back

Nina Whitehurst
Nina Whitehurst answered on Feb 7, 2020

Nobody can “put” himself and herself on a deed without the signature of at least one legal owners. It sounds like it is possible that you and your siblings inherited the house as tenants and common and then one of them either deeded his or her share to his or her child or is simply allowing... Read more »

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