Idaho Questions & Answers by Practice Area


Idaho Questions & Answers

Q: is posting an article from another webpage with a link to that page, copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Answered on Apr 26, 2017

Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a reasonable settlement number or what courts have awarded in the past, you'd have to provide more information about the nature and circumstances of the infringement.

If the work was not registered with...
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Q: If you file for bankruptcy is that info available to the public?

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Apr 24, 2017

Yes. It is public record that you have filed. Anyone with a pacer account or who wants to go to the courthouse can view not only the fact that you filed but your schedules as well. Bankruptcy filings are not typically reported in your local paper (you can check and see) unless you are famous or infamous. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: Is the local police force in my town required to work with ICE?

2 Answers | Asked in Immigration Law for Idaho on
Answered on Apr 20, 2017

Local law enforcement can choose to work with ICE, but they can also choose not to. States and municipalities do not have any obligation to enforce federal laws, including immigration enforcement. It will depend on your local law enforcement's policy.
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Q: If you win an injury case do you get all the money at once?

2 Answers | Asked in Personal Injury for Idaho on
Answered on Apr 14, 2017

Typically that is how the court orders payment from the defendant to the plaintiff. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Mar 27, 2017

That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.
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Q: My husband broke several bones when a store door unexpectedly closed on his hand.

1 Answer | Asked in Personal Injury for Idaho on
Answered on Mar 11, 2017

Possibly if it had a defective closing damper or maladjusted one. Contact a member of the Idaho Trial Lawyers Assn--they give fee consults.
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Q: Can we sue "AcceptanceNow" in small claims?

1 Answer | Asked in Consumer Law for Idaho on
Answered on Mar 1, 2017

You can file a small claims action in Idaho for up to $5,000 without an attorney. Based on the facts you allege, your claims would be for breach of contract and misrepresentation/fraud. It would be important to allege that the 90-day price point increase was not set forth in the rental contract and was told to you, orally, falsely. Note that the prior online reviews are hearsay, likely inadmissble as relevant to reputation, but possibly within an exception for motive or plan.
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Q: My British Company has been hired to host an event in the US. Will we need work visas?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Feb 20, 2017

When will this take place, and who is the U.S. company contracting you? How big is the core team? Two weeks is a very short time, so you might just look at a way to use the ESTA program. For something bullet-proof, you might want to do P visas if we can classify your core group as an "entertainment group." Definitely consult an immigration attorney.
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Q: Moving expenses to report

1 Answer | Asked in Tax Law for Idaho on
Answered on Feb 15, 2017

This question gets a little tricky and depends on an employer's policies. To figure out whether reimbursed moving expenses were taxable in the first place, you're going to need to refer to IRS publication 521. If an employer repaid an employee according to what's called an "accountable plan," (where you properly account for, document, and report your expenses to your employer), then they would report the amount on Box 12 of your W-2. In this case, it is NOT taxable to the taxpayer. However,...
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Q: Can I evict my tenant in winter for non payment of rent?

1 Answer | Asked in Landlord - Tenant for Idaho on
Answered on Feb 2, 2017

Assuming you follow all of the notice to quit and related procedures, you probably can--but check with a local attorney to see if that's the law in your state and county.
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Q: Is there a statute of limitations that a victim can still sue their offender in civil court?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Feb 2, 2017

Tell the DA about the nonpayment of resitution. They have a strong lever. I believe you cannot sue him, as I believe the statute of limitations is two years if you were an adult when it happened. But I'd suggest you contact a member of the Idaho Trial Lawyers Assn--they give free consults.

On the PTSD, if I may suggest consider something called EMDR. It's a way of helping people that's not standard couch therapy, doesn't require drugs, and usually works within 2-3 session. Google "EMDR...
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Q: What does it mean if you get a notice to appear in immigration court?

2 Answers | Asked in Immigration Law for Idaho on
Answered on Jan 26, 2017

It means the Department of Homeland Security believes that you are in the United States without valid status and is seeking to remove you from the United States. This is called removal proceedings. You should contact an immigration attorney (preferably an AILA member) to evaluate a proper defense (asylum, adjustment of status, cancellation, etc) and represent you before the immigration judge.
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Q: i have a business in idaho, and selling to a company in oregon for them to retail, do i need a foriegn entity for oregon

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Jan 16, 2017

Shipping merchandise to OR is not considered doing business in that state, so registering as a "foreign" corporation is not necessary.
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Q: If I can't shovel snow, can someone sue me if they fall bc of snow/ice on sidewalk in front of the house I'm renting?

1 Answer | Asked in Personal Injury, Real Estate Law and Small Claims for Idaho on
Answered on Jan 14, 2017

Check the lease. If keeping sidewalks clear is on you then yes, they can. Maybe arrange with a local kid to do it if it is.
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Q: Who is responsible for maintaining a mobile home community driveway. Ours is dangerously icy for tenants and visitors.

1 Answer | Asked in Car Accidents, Landlord - Tenant and Real Estate Law for Idaho on
Answered on Jan 12, 2017

Look at your lease--in most cases they are the duty of the mobile home park. Problem is there are virtually no rules or enforcement regulations when they don't maintain common areas.
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Q: Will my injury claim be denied if I already had an injury?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Dec 15, 2016

Certainly not for anything that is new. Even if you had no injury they'd look for a "pre-existing" injury! Contact a member of the Idaho Trial Lawyers Assn--they give free consults.
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Q: Eligibility for Green Card

1 Answer | Asked in Immigration Law for Idaho on
Answered on Nov 22, 2016

In order to be eligible for an application for a green card, he needs a legal entry. This can be done through an application for advanced parole through his status as a DACA recipient. Schedule a time to meet with an immigration attorney to go through the details. Some attorneys offer a free consultation.
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Q: Pain and Suffering settlement question. What is reasonable?

1 Answer | Asked in Personal Injury and Car Accidents for Idaho on
Answered on Nov 11, 2016

First, way too early if they have that type of injury. without seeing the medical records it's hard to tell. Members of the Idaho Trial Lawyers Assn give free consults--suggest you contact one of them that practices in the county where the wreck happened.

Second, most important is follow up. Your kids aren't crash test dummies. I'd be concerned about head trauma, the shoulder injury, disc injuries etc.

Third, your kids may have rights to something like underinsured motorist...
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Q: I am asylum seeker in italy can I travel to country close to my country of origin

1 Answer | Asked in Immigration Law for Idaho on
Answered on Oct 31, 2016

You have to look at whether this travel will allow the government to argue that you are not afraid to return to your country of origin. It is possible, but it might not help your case. Consult an immigration attorney with the specific facts of your case for a more specific answer.
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Q: I was deemed at fault in an auto accident about 2 years ago.

1 Answer | Asked in Personal Injury for Idaho on
Answered on Oct 30, 2016

Because apparently your insurance company didn't reach settlement with them. Make a copy of the papers. Notify the adjuster handling the claim 1) by phone 2) by email 3) by sending a copy of the complaint to them by registered mail, certified return receipt. Do this at once!
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