Iowa Questions & Answers

Q: Can I pick up an abandoned trademark?

2 Answers | Asked in Trademark for Iowa on
Answered on Apr 17, 2018
Benton R Patterson III's answer
Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An attorney would need to investigate the status of the trademark to know for sure.
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Q: My husband owes $6,000 due to a fender bender in Washington State. How do I start a payment plan to get that paid back?

1 Answer | Asked in Car Accidents, Collections and Small Claims for Iowa on
Answered on Apr 16, 2018
Peter Munsing's answer
Did he have insurance? If so that should cover it. You need to talk to someone who hanldles suspensions to see what his options are.
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Q: What is my legal recourse in being garnished for my ex-husband’s medical bill?

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Iowa on
Answered on Apr 16, 2018
Timothy Denison's answer
If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.
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Q: I bought a vehicle from a dealer and the transmission went out in it after 5 days of ownership.

1 Answer | Asked in Consumer Law for Iowa on
Answered on Apr 15, 2018
Harley C. Erbe's answer
You need an attorney that practices consumer fraud law. Specifically, Iowa Code 714H, Iowa's consumer fraud statute, is probably your best bet.
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Q: how is the workers compensation commission legally defined;a branch of government or a private enterprise?

2 Answers | Asked in Workers' Compensation, Constitutional Law and Federal Crimes for Iowa on
Answered on Apr 14, 2018
Stephen Douglas Lombardi's answer
A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).
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Q: Son snuck out of ex mother-in-law is home and was seriously hurt can I sue her homeowners insurance

1 Answer | Asked in Insurance Defense and Personal Injury for Iowa on
Answered on Apr 7, 2018
Stephen Douglas Lombardi's answer
Maybe. The claim would be failure to properly supervise a minor, assuming your son is still a minor. The claim would be brought by you for medical expense, permanent injury, wage loss (perhaps), reduced earning capacity along with pain/suffering. Of course this answer is so general that it is worthless without more of an evaluation. All we can really do is give you direction - which I think is all you are really asking. Hopefully this answers the question sufficiently.
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Q: Yesterday i was leaving Walmart a lady started to reverse so we stopped walking. She then stopped so we proceeded to wa

1 Answer | Asked in Criminal Law and Car Accidents for Iowa on
Answered on Apr 7, 2018
Stephen Douglas Lombardi's answer
Facts are funny, it seems everyone has their own set. Many things are 'legal', but what is 'legal' isn't necessarily right. I have no idea which town or city you were in. (Jurisdiction) I have no idea what the police officer wrote in his/her report. And I have no idea what you said in front of witnesses or what witnesses will say you said. Has this ever happened to you before? Is there camera footage that Wal-Mart has available for everyone to see exactly what happened? Who know, because no one...
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Q: My roommate and I have too many dogs but can we get in trouble for it?

1 Answer | Asked in Animal / Dog Law for Iowa on
Answered on Mar 31, 2018
Stephen Douglas Lombardi's answer
Read your lease and your town or city ordinances. There lies the answer.
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Q: Can I be forced to sign a new lease or be evicted?

1 Answer | Asked in Landlord - Tenant for Iowa on
Answered on Mar 14, 2018
Salim U. Shaikh's answer
If renting a property as tenant one must sign a lease which spell out certain terms which may ultimately turn into disputes. Such disputes can only be resolved in accordance with terms duly signed by both parties. If your preference is to live there than to be evicted, then lease be prepared for continuity.
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Q: my Ex took my son and will not bring back is a nortorized paper not filed with court enough to get him to bring him back

1 Answer | Asked in Family Law for Iowa on
Answered on Mar 12, 2018
Salim U. Shaikh's answer
Please clarify whether your ex did get child custody, visitation, etc. from the respective court. If not, how did he manage to take your son and detained him beyond the agreed time? Likewise, do you have full or partial custody of your son?

Better seek specific advice from Attorney of your local jurisdiction.
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Q: injured my knee at work, fell down on ice taking trash to dumpster

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on Mar 10, 2018
Stephen Douglas Lombardi's answer
If you don’t follow your doctor’s advice the insurance company will argue your problems are from your own doings and therefore any disability is not something they should have to pay for. Meanwhile the employer is looking for a reason to fire you. This is what Iowa’s Republican controlled legislature unvisioned when they modified Iowa’s Workers’ Compensation Program for all injuries occurring after July 1, 2017. You’re between a rock and a hard spot with no good answers. This is...
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Q: Is it legal to post pictures and tell someone's address on Facebook after their house gets condemned

1 Answer | Asked in Libel & Slander and Real Estate Law for Iowa on
Answered on Feb 21, 2018
Erik Luthens' answer
Generally, a condemnation order is a public document generated by a local governmental agency. Accordingly, identifying the address of a condemned property on social media wouldn’t be libelous.
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Q: My father had hip surgery made it threw that fine ... The nurses told 2 ppl he did great with hip surgery but he lost a

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Feb 19, 2018
Erik Luthens' answer
Not every adverse or bad result with regard to medical treatment necessarily constitutes malpractice. The real question is whether the primary treating physician or the physician's staff failed to do something he / she / they should have done or did something he / she / they should not have done. The next question is whether any failure to do something correctly resulted in your father's death. A review of your father's medical records by a medical expert witness would have to be done before...
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Q: Workers comp. denied surgery, what are my options now?

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on Feb 6, 2018
Stephen Douglas Lombardi's answer
No big surprise with them denying surgery. They are in control and control is what you want, but won't likely ever get unless you can produce another medical opinion that says you need surgery and that opinion is considered to be reasonable. It is obvious to me you need help and that means first talking to a lawyer and then deciding on whether or not to hire one. Call if we can help.
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Q: what Should I do if my replacement for a broken side mirror is not in yet?

1 Answer | Asked in Car Accidents for Iowa on
Answered on Feb 3, 2018
Peter Munsing's answer
You can drive with it though I'd carry something showing your mirror is on order.
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Q: If the police don't file charges ,could i still sue for personnal injurys

2 Answers | Asked in Personal Injury for Iowa on
Answered on Feb 2, 2018
Harley C. Erbe's answer
You, and your family, can still sue. Claims would be available against the perpetrators of the attack and the bar. Contact an attorney for a full review of both possible claims.
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Q: What should I ask for in a vehicle accident settlement?

2 Answers | Asked in Car Accidents for Iowa on
Answered on Jan 30, 2018
Harley C. Erbe's answer
Every personal injury case is different and unique. Personal injury attorneys spend a lot of time on each case analyzing and evaluating its value. You'll need to hire one for that kind of analysis, which can't be achieved through a short question on this forum.
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Q: I have appealed a denial of unemployment benefits, this goes to an ALJ.

1 Answer | Asked in Employment Law for Iowa on
Answered on Jan 24, 2018
Harley C. Erbe's answer
You could consider submitting interrogatories and document requests to the employer seeking the information you desire. Those are allowed under the administrative rules that govern contested unemployment benefits appeals. You could also review the administrative rules to determine how you can compel the participation of any current employees that you wish to use as a witness. If you aren't able to retain a lawyer, the staff at Iowa Workforce Development's Unemployment Insurance Appeals...
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Q: I was in a car accident at a gas station and wondered if I could ask them to give me the video to review who is at fault

2 Answers | Asked in Car Accidents for Iowa on
Answered on Jan 21, 2018
Harley C. Erbe's answer
You can ask, but the gas station has no obligation to give you a copy of the video. You can only force production of the video through a subpoena. A subpoena's only available if a lawsuit's on file.
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Q: What is a soon-to-be 55 year old woman to do in the case of slander/age discrimination?

1 Answer | Asked in Libel & Slander for Iowa on
Answered on Jan 14, 2018
Harley C. Erbe's answer
There's not enough information to evaluate your question. The short answer about what to do is to meet with a lawyer to discuss the situation and determine whether you have a legal claim. From the cynicism in your question, it sounds like you may already have done that and received a poor prognosis regarding your chances of success.
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