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Kansas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Internet Law for Kansas on
Q: What are the limitations for use of public information?

I am sure this is multifaceted but was wondering if things that are public information such as social media, active flight trackers, jail logs, etc. able to be misused? What are the limits to the public records act? I know for some records you must identify yourself and if you do not then records... View More

James L. Arrasmith
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answered on Feb 25, 2024

While public information such as social media posts, flight trackers, and jail logs are accessible to anyone, there are limitations to how this information can be used. Misuse of public information can occur when it is used in ways that infringe upon privacy rights, harass individuals, or violate... View More

1 Answer | Asked in Civil Litigation and Collections for Kansas on
Q: sued by a debt collector,sent certified letter for arbitration to court and attorney a month ago no response,what to do?

Shown up to court each time was rescheduled, next date in Jan

Took all proper steps before the arbitration letter, mo response from court or the debt attorney, should I just file with AAA since I'm not getting answer

James L. Arrasmith
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answered on Jan 1, 2024

If you've sent a certified letter requesting arbitration and haven't received a response from either the court or the debt collector's attorney, it's important to review the arbitration agreement to ensure compliance with its terms. Sometimes these agreements specify how to... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Kansas on
Q: Can I sue resees for beings addictive my husband wanted one so bad he stole a box and got 13 months in prison?

My husband is so unbelievably addicted to reeses candy that he felt the need to steal a box of them to fill his cravings and got 13 months in prison for it.

James L. Arrasmith
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answered on Dec 10, 2023

In Kansas, as in other states, the possibility of suing a company like Reese's for the addictive nature of their product is complex and challenging. The success of such a lawsuit would depend on various factors, including proving that the product is inherently addictive and that this addiction... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: What is the public law as it relates to elected representatives, does a voter have the right or ability to engage with?

I am openly expressing my disagreement with an elected individual and currently have two ongoing lawsuits against them regarding their official role in preventing constituents from accessing government-designated social media pages. The day after the elected individual's attempt to have the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In the context of public law and the rights of voters to engage with elected representatives, it’s important to understand the balance between free speech and harassment or stalking laws. As a voter, you have the right to express disagreement and criticism of public officials, especially... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Kansas on
Q: My neighbors drove across my backyard, for over 3 years damaging the yard & making large,muddy ruts, it became a dirt rd

I contacted them when I became aware of how bad it looked, and goes straight to their door. I was met with rudeness,name calling and absolute refusal to stop

Anthony M. Avery
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answered on Nov 3, 2023

That is how prescriptive use easements are created. Hire a KS attorney to search all adjoining titles near that boundary. The look at filing for an Injunction, and possibly a Declaratory Judgment, amongst any other appropriate remedies. Time is of the essence.

2 Answers | Asked in Foreclosure and Civil Litigation for Kansas on
Q: How do I submit evidence for my trial case with Jackson county courthouse

What are the rules of evidence and procedure for the state of Missouri

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

The Kansas Rules of Evidence can be found on this site at:

https://law.justia.com/codes/kansas/2011/Chapter60/Article4

The Kansas Rules of Civil Procedure can be found on this site at:

https://law.justia.com/codes/kansas/2021/chapter-60/...
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1 Answer | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Kansas on
Q: Can an 'adminstratively dissolved' non profit continue to make and enforce contracts?

Our HOA was administratively dissolved in 2009. We bought our home in 2020. The HOA has yet to reinstate their conpany and are trying to collect dues from us.

Matthew Morris
Matthew Morris
answered on Jul 24, 2022

A short answer is "no and yes."

Here's a longer answer: Any corporation in Kansas, including a nonprofit corporation, will generally lose their ability to engage in the purpose for which they were formed once they have been administratively dissolved. That's the...
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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... View 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... View More

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1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Kansas on
Q: will a superseding incitement expunge an initial indictment?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 9, 2019

In most states a superseding indictment of the same person usually includes all previous crimes stated in the original indictment plus all the new crimes set forth in the superseding indictment. However, the prosecutor is not bound by or confined to anything while drawing up any kind of indictment.

1 Answer | Asked in Civil Litigation and Probate for Kansas on
Q: I father past away in Tennessee but I live in Kansas. I am being told I need to open a estate account

I read something about it being small and not needing to go thur probate. It will be at max 7,000 being despoiled into the account. What steps do I need to do and with what state

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 4, 2019

The state with primary authority over a peron's estate would typically be the state in which the person was a resident at the time of death. If your father was a resdient of Tennessee, you should consult with a Tennessee attorney. Some estates allow for smaller estates composed of certain... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Kansas on
Q: A slip and fall case with estimated damages including pain and suffering at 425000, what determines punitive? Insurance?

Involved in a slip and fall case where damages including pain and suffering are estimated around 425,000 with two surgeries and severe head injuries. What should I expect to limit punitive damages? The insurance maximums or any other factors?

David Adams
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David Adams
answered on Sep 1, 2018

Damages for past and future medical expenses and lost wages are unlimited. Damages for pain and suffering may likely be capped in Kansas at $300,000. Punitive damages can be way above that amount depending on the facts. Sounds like your injury was very serious. Liability for the fall still needs... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for Kansas on
Q: Is this district clerk supposed to be drawing up documents on any paperwork.#2) And turning them into the courts signed

How long do they keep transcripts after the case is over.? District clerks are or are not supposed to be drawing up documents? My attorney didn't ask me but I'm pro see no attorney to ask that's why I'm on justia asking

Gary Kollin
Gary Kollin
answered on Jul 12, 2018

Talk to your attorney

1 Answer | Asked in Civil Litigation and Wrongful Death for Kansas on
Q: If someone was killed in front of my business is it possible that the family can sue me I live in Kansas City Mo
Peter N. Munsing
Peter N. Munsing
answered on Jan 25, 2018

If your business had nothing to do with the person being there, let alone being shot, no. Even if the person was a customer, I don't see it. You may have some issues if it was in your building, but if someone is walking the outside of your building and someone else shoots them that does not... View More

1 Answer | Asked in Civil Litigation for Kansas on
Q: What is lack of subject- matter
Brian Lehman
Brian Lehman
answered on Feb 23, 2017

I'm guessing you meant: "What is lack of subject-matter jurisdiction?"

When a court hears your case, there are three questions it must initially ask:

1. Does it have subject-matter jurisdiction? Subject-matter jurisdiction is the authority of a court to hear cases...
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