Iowa Questions & Answers

Q: Walmart is searching customers after they've paid, as they try to leave the store.

1 Answer | Asked in Consumer Law and Civil Rights for Iowa on
Answered on Aug 9, 2018
Gary Kollin's answer
Here is a law review article from 2009 discussing this issue

http://commons.law.famu.edu/cgi/viewcontent.cgi?article=1079&context=famulawreview

Q: Around 2013 I walked out and quit my job Recently found out emboss is saying I was fired for stealing

1 Answer | Asked in Employment Law for Iowa on
Answered on Aug 2, 2018
Salim U. Shaikh's answer
Yes, such an allegation after years of your abandonment of job need to be formally asked by your and explained by your employer. Such allegations without any due process, investigation, formal exchange of memos entitle you for defamation and damages thereof through a court.

Q: Is there any thing I can do about a man making a sexual video tape of me while I was past out due to intoxication?

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Iowa on
Answered on Jul 22, 2018
Erik Luthens' answer
You may have the grounds to go forward with a criminal complaint through the local county attorney’s office as well as a civil action against the man in question. I suggest that you immediately contact an attorney in Iowa who handles civil litigation.

Erik Luthens

____________________

Luthens Law Offices, P.C.

1200 Valley West Drive, Ste. 304-01

West Des Moines, IA 50266

Tel: (515) 222-1697 Fax: (515) 222-2655

e-mail:...

Q: I was a victim in a bank robbery and was assulted, later diagnosis with ptsd and had to leave my job can i sue the banks

1 Answer | Asked in Civil Litigation for Iowa on
Answered on Jun 27, 2018
Erik Luthens' answer
If the bank failed to take reasonable precautions to make its premises relatively safe, then you might have a claim worth pursuing. A significant issue is whether the robbery in question was reasonably foreseeable by the bank.

Q: Can I remove the doors from my car? I live in iowa.

1 Answer | Asked in Car Accidents for Iowa on
Answered on Jun 24, 2018
Peter Munsing's answer
For street use? I doubt its legal. If it won't pass inspection then it's not legal.

Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Answered on Jun 21, 2018
Erik Luthens' answer
In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your damages, I.e., was your attorney’s error à substantially contributing factor to the bad result you obtained; and (3) had it not been for your attorney’s error, would you have likely succeeded on...

Q: Can I travel internationally while my I-140 and I-485 pending?

2 Answers | Asked in Immigration Law for Iowa on
Answered on Jun 6, 2018
Carl Shusterman's answer
You can travel abroad using your advance parole.

Q: Landlord putting home on market June 1st. Do i have to let him show it now?

1 Answer | Asked in Landlord - Tenant for Iowa on
Answered on May 27, 2018
Salim U. Shaikh's answer
LL has certain prerogative duly permitted by tenant to inspect, visit or show to any prospective buyer as is the case in hand. Otherwise you may give him a suitable time for visit.

Q: My husband had a workers comp lawsuit. It was settled out of court. Would there be a case number.

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on May 22, 2018
Erik Luthens' answer
Yes. Contact: Iowa Workforce Development (Division of Worker's Compensation), 1000 E. Grand Avenue, Des Moines, IA 50319. Tel: (515) 725-4120

Q: Can I sue a hospital for misdiagnosing me and almost causing me to die?

2 Answers | Asked in Medical Malpractice for Iowa on
Answered on May 21, 2018
Stephen Douglas Lombardi's answer
Quick Answer: Anyone can file suit. But can you win? Probably not. Maybe, but probably not.

Why not? There are so many things wrong with the facts of which you described, that I am not even sure where to begin, but let's limit the issues and see if I can shed some light on why-not.

Long Answer: First of all you didn't die. You lived. You are alive. And therefore you have no wrongful death suit for almost dying. In the eyes of the law, sort of dying is sort of like being almost...

Q: My husband is blind and requires a driver who is employed on a as needed basis . His works from home and travels .

1 Answer | Asked in Employment Discrimination for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
Discrimination claims depend on facts, and there simply aren't enough here to make a determination either way.

Q: im in Iowa any my neohew was charged with criminal mischeif in the second degree. the damage did no exceeded 2000.00,

1 Answer | Asked in Criminal Law for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
Criminal mischief, second degree is a Class D felony. Under Iowa Code 902.9(1)(e); "A class “D” felon, not an habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars."

Q: What does it mean if a charge is dismissed?

1 Answer | Asked in Criminal Law for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
If it's dismissed, the charge is no longer being brought. It depends on whether the dismissal was with or without prejudice as to whether it could ever be brought again.

Q: I paid my rent in full on May 1 that was posted online. The 7th there was a note posted on my door stating I owed more.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
If you're in St. Paul, you'll need to ask in Minnesota - because that would be governed by MN law, not IA law.

Q: So my parents abused me and I left about a year ago. I want to go back for my dogs. How would I do that?

1 Answer | Asked in Animal / Dog Law and Domestic Violence for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
Were you a minor? Are you a minor now? What's your claim to the dogs over your parents'? Generally speaking, pets are treated just like personal property under the law.

Q: Off duty cop questioned my 17yr said she was smoking in house can they do that??

1 Answer | Asked in Criminal Law and Landlord - Tenant for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
It depends on so many other things that aren't written in your question.

Q: Is it realtor fraud when realtor overprices a home in favor of the seller due to relationship with seller?

1 Answer | Asked in Stockbroker Fraud for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
Your question is ridiculous. You don't claim "fraud" to argue a house is priced too high. If the price is too high, don't buy it.

Q: how much does it cost to file a dissolution of marriage in Iowa

1 Answer | Asked in Family Law for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
$185.00. You could also find this out on iowacourts.gov

Q: I hired a business to do all my hard work. He showed one day for maybe 45 min. Said he would be back later to finish fro

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
Legit case? Maybe, for whatever amount of the $200 he didn't earn. I don't see why he would have to pay you for new lawn service, though.

Q: Can you overturn an already paid for ticket?

1 Answer | Asked in Traffic Tickets for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
Paying it = pleading guilty. Only in exceptional circumstances are you able to revisit a guilty plea. It is unlikely you would be able to do so here.

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