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Kansas Questions & Answers
1 Answer | Asked in Trademark for Kansas on
Q: Is this trademark still owned

I have came with that name for a total opposite of this trademark can I still use it and copy right a different area of this brand

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 16, 2021

Hi, trademarking a brand is a two step process. First, you’ll need to do a clearance search to ensure that the name is available. Then, if the name is available, you can file for protection via a trademark application on the federal level with the USPTO (US Patent and Trademark Office). If you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: My employer fired me out of retaliation and disability discrimination, can I win without exact dates of incidents?

I was fired in retaliation. My manager made my work environment hostile and uncomfortable. Every time I tried to talk to her to see what I could to improve things, I found myself being written up not to long after for attendance. I told her that I had depression and anxiety from day one. and that... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 14, 2021

Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an... Read more »

1 Answer | Asked in Copyright for Kansas on
Q: I have a question about "fair use" I think. I am wiring a sports biography, including a few newspaper stories.

Each story, in my book, has the name of the newspaper, name of reporter, Page No. and date. Then the story itself. Do I need to have permission from the newspaper? I have verbal permission, but I got that 20 years ago (I wrote the book 20 years ago, I am just now getting it published), and the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

be careful

if you are reproducing the whole article you should consider seriously getting permission

your risk is very high

1 Answer | Asked in Criminal Law for Kansas on
Q: What is considered aiding abetting or accessory?

This 16yr old boy gets a ride from his older sister,upon getting out he takes a bag full of guns. she does nothing to retrieve them from him. He ends up killing someone with one of these guns. would that fall under this category?

Joseph Abrams
Joseph Abrams answered on Jan 12, 2021

Based on the limited facts presented in the question, this is highly unlikely to meet the definition of aiding and abetting or accessory. There must be some knowledge and/or voluntary participation in the crime. If the sister's only "involvement" is seeing the boy take the guns, and... Read more »

3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for Kansas on
Q: Employment and Covid related laws in the state of Missouri

It was within my 90 days probationary so I’m probably screwed but there was a number of days that I was out due to either quarantine order and childcare being closed due to Covid and I am I was told the entire time that nothing Covid related would count against me I was reassured and then they... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 31, 2020

Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for Kansas on
Q: Can I sue a University if there degree is useless and didn't advance my career?

I'm in healthcare and have been a clinical associate, CNA and dental assistant. I graduated KU with a 147 credit bachelors of general studies. Now I have a bunch of student debt and the only jobs available for me pay the same or less than before I received my degree and I'm at risk of... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 15, 2020

On the few facts you provide, it seems that you got what you enrolled and paid for at KU. I assume that you chose your field of study leading to your degree.

That may change somewhat if you have something from KU, in writing, promising you a better paying job/career than what you already...
Read more »

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1 Answer | Asked in Employment Law for Kansas on
Q: Does an employer have to disclose why you failed a background check?? And is there a protocall they have to follow?

Employee was already hired. Fired them without giving any info except he failed background check..

Kyle Anderson
Kyle Anderson answered on Dec 3, 2020

Hi, more information is needed here but it sounds like a law known as the Fair Credit Reporting Act "FCRA" is implicated here. Under the FCRA, an employer is required to provide the employee a copy of his background check (or "consumer report") and a summary of the... Read more »

2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Kansas on
Q: I was involved in a car accident in September... the other driver got cited for driving on suspended license and

Also got cited for no interlock device in the vehicle.... he was driving someone else's vehicle.

It was an uncontrolled/open intersection.. I got cited for fail to yield the right of way... what are my options.....can't I fight this

Can I sue him or the owner of the... Read more »

David Adams
David Adams answered on Nov 26, 2020

Unfortunately, he would not be liable automatically, but those facts would contribute to having a jury determine that he was, in fact, at fault. Ultimately, it would be up to a jury to place a percentage of fault on each of the drivers. They could determine that the other driver was 90% at fault,... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Q: Car accident 3 years ago. My car totaled, their car had hardly a scratch. Now, they are opening an bodily injury claim.

I stopped at a stop sign, I checked both ways, didn't see anyone coming, so I slowly turned right into the lane. My car was old and couldn't accelerate fast, anyway. The other car hit the front left of my car with their rear right side. My car's front bumper was on the ground and the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 24, 2020

A Kansas attorney could advise best, but your post remains open for a week. This can happen, despite the superficial damage to their vehicle at the scene of the accident. The bodily injury claim was probably open for some time. If a settlement of $25,000 is reached, the next thing that should... Read more »

1 Answer | Asked in Probate for Kansas on
Q: if a person passes away with a car as their only asset, but has credit card debt, will this go to probate?

A family member passed away unexpectedly without a will. Their only asset was a car, they rented their home & did not own any property. it is believed they had some debt, primarily credit cards. Not sure if the vehicled has a TOD on the title. Would the sale of any household appliances,... Read more »

Doug Coe
Doug Coe answered on Nov 23, 2020

In Kansas, there would be number of variables to consider. That said, generally, all of a person's property that does not have a beneficiary designation on it (or co-owner w/ survivorship rights) is part of the estate and can be used to satisfy enforceable debts. There may be some... Read more »

1 Answer | Asked in Personal Injury for Kansas on
Q: Due to my personal health and covid19,I filed my own Personal Injury Claimant Proof of Claim Form re: Purdue Pharma.

Health concerns stabilized and upon review of Claim, I was exploring if I can submit an update to my original claim which could increase the compensation.

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

When it comes to any personal injury claim, I highly advise you use an attorney.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Kansas on
Q: Rental car>Bad Tags>Pulled over>Charged with FIP>Car Impounded>Jailed

Rented a car and was pulled over due to bad tags. Children's mother forgot firearm. Now being charged with felon in possession. I thought my car was supposed to have valid tags. Now facing multiple felonies.

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

A Kansas attorney could advise best, but your question remains open for three weeks and time is of the essence in your actions. Reach out to a Kansas City criminal defense attorney, or if qualifying based on need, you could look into whether you are eligible for a public defender. Good luck... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My fiance works and im a stay at home mother, we are buying a home. Can i be on the deed with no income?

We are working with a rent to own

Scott C. Stockwell
Scott C. Stockwell answered on Nov 18, 2020

A deed can include any group of people. A lender would not typically have a preference with respect to partners, so long as the partners were otherwise approved for the loan. Your question references a rent-to-own arrangement. The landlord would have some discretion over what arrangement they would... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: fsbo ,"as is" need to know what paperwork is needed so I will be protected from being sued in the future.
Scott C. Stockwell
Scott C. Stockwell answered on Nov 16, 2020

It is good practice for any real estate transaction to include a sales agreement that details the transaction, identifies the escrow procedure, and explains what "as is" means. Good practice also includes a seller's disclosure statement that communicates what is known about the... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: My Grandmother died with no will and her land went to her 3 children, we live in Kansas.

My 2 Aunts signed their rights to my cousin for my Grandmothers land but my mother does not want that. She wants to keep the land in her Mothers name. What can we do to ensure her rights on her Mothers land and for my cousin not to own 2/3rds? Also is it legal for my cousin to own 2/3rds if my... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Nov 16, 2020

The three children of a single person who left no will would be her heirs at law. For real estate to be transferred to those three heirs, some type of probate proceeding in court must occur. A petition to probate the estate and for the appointment of an administrator would be the most common... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: The administrator for my deceased husband hasn't talked for more than half year. What can I do from here in Kansas?

My husband passed away 3 years ago in Kansas. He had properties in Kansas and Arkansas. The executor for his case requested documents in this past February. I haven't hard anything about this since then. What can I do to get updates for this case and move on?

Doug Coe
Doug Coe answered on Nov 5, 2020

Surviving spouses certainly have rights in Kansas. If there is reason to think the administrator/executor isn't doing what they need to be doing, I would strongly encourage you to talk to an attorney. They may be able to file certain motions with the Court to get things going, or there may... Read more »

1 Answer | Asked in Car Accidents for Kansas on
Q: Had an accident at work. Turned in paperwork and the now cant find it two months later. They ask to fill paperwork again

Is not in my best interest to deny their request?

Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

A Kansas attorney could advise best, but you await a response for four weeks. Your question may have remained open because although it's posted under Car Accidents, it looks like it has workers' comp elements to it because it took place in the course of employment. You could reach out to... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Wondering if a contract for deed needs to be recorded? Thx
Scott C. Stockwell
Scott C. Stockwell answered on Oct 26, 2020

Good practice for contracts for deed arrangements would normally include three safeguards: A deed in escrow, payments in escrow, and an affidavit of equitable interest filed with the Register of Deeds. The deed in escrow by grantor naming the purchaser as the grantee ensures that a deed is... Read more »

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Native American Law for Kansas on
Q: I am looking for a lawyer who works with federal cases. Pertaining Administrative law on trust land.

OSHA violation

Tim Akpinar
Tim Akpinar answered on Oct 24, 2020

From your post, it appears you are looking for a lawyer and you have been waiting two weeks for a response. But this is not a law firm or lawyer referral service. It is only a Question and Answer board, for brief answers to general legal questions. You could conduct independent searches on your own... Read more »

2 Answers | Asked in Probate for Kansas on
Q: My father passed two years ago. My sisters have not sold his house and I am entitled to 1/3. 1 sister lives in it.

The trustee (other sister) expects me to pay 1/3 of taxes, insurance and repairs out of my share. How do I get the house sold and make sure I don’t pay for the sister to live rent free at my expense??

Nina Whitehurst
Nina Whitehurst answered on Oct 23, 2020

The best solution in these situations is for the sister in possession to buy out the shares of the other two co-owners. If she refuses, or if you simply can't reach agreement on a price, then you can hire an attorney to file a lawsuit to force the sale of the house and the three of you will... Read more »

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