If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?
answered on Aug 28, 2023
No. Federal question doesn’t require any amount. Diversity requires $75,000 in controversy.
If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?
answered on Aug 28, 2023
No, the amount in controversy requirement is for jurisdiction based on diversity, 28 U.S.C. 1332 (plaintiff and defendant from different states). Good luck
In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More 
answered on Aug 25, 2023
In federal court, you can ask for a declaratory judgment without asking for damages.
Kentucky? This is where i have lived for the past 4 months and have claimed permanent residence here. Just need some advice on my next steps. My name and new address is on the papers he served to ex-wife.
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answered on Aug 21, 2023
n Kentucky, if you've established permanent residence there for the past four months and your new address is included on the papers served to your ex-wife, it's possible that the service of legal documents might be considered valid. This could be due to substitute service, where documents... View More
When he hit it he diddnt stop at first and the goal was hooked to his van and when he dragged it he also hit our mailbox with it but now he is saying it's our fault for the goal being that close to road and he isn't paying for it
I was watching some videos and was curious if person A could sue person B even if person A put themselves in a situation that they knew could possibly put them at risk of injury.
answered on Nov 20, 2022
A Kentucky attorney could advise best, but your question remains open for two weeks. It sounds like you are talking about the legal defense known as "assumption of risk." It depends on the particular circumstances. On cases where the defense is raised, the conditions can be fact-specific. Good luck
On 12/27/21 I sent an administrative appeal with an in forma pauperis (IFP) to the Franklin Circuit Court. The filing deadline was 1/10/22. The clerk received and signed for the filing on 1/3/22. Per CR. 5.05 any filing accompanied by an IFP is to be considered filed when it received by the clerk.... View More
answered on Nov 1, 2022
You might want to consider asking the Franklin circuit court to reinstate the case given the facts above. It seems clear your appeal would have been timely filed but for the clerical delay. The tiles provide for the court to consider such requests and act on them.
On appeal from the Laurel District Court my friend's lawyer erroneously filed a writ of mandamus under the circuit appeal case no. The circuit court remanded it back to district which affirmed its first order. He filed another notice and statement of appeal, but it has not been given a case... View More
answered on Nov 1, 2022
A case is given one case number at each level of court it reaches (District, Circuit, KCA, KSC). That number never changes no matter how many times the case is in (or back in) that court.
He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit
answered on Aug 29, 2022
Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... View More
answered on Sep 16, 2023
No. They are not yours. Leash law has nothing to do with it.
This woman gets angry and harasses me and my children via third-party and recently downloaded my 16 yr old daughter's Facebook profile photo and sent to my boyfriend using vulgar profanity. Can I pursue legal action for sexualizing my minor child? She said she looked like a d*** s*****g, about... View More
answered on Jul 13, 2023
You can pursue legal action for harassment. The facts contained in Your description are sparse and more information is needed to determine what other charges might lie.
I have filled a police report with three witness statements shown video and they still let him out after a day! He’s a known meth head who says he has “health conditions” mine and my neighbors safety is at risk yet somehow after a day or two in jail he gets out. He also constantly beats on... View More
answered on Jul 10, 2023
Go to your county attorney and swear out a criminal complaint for him. That will get you into court to address his behavior.
the order. defendant objects. do the rules cover this? is there ky case law on point?
answered on Jun 26, 2023
Yes. The order is not effective until the clerk enters it after the second judge signed it.
answered on Jun 15, 2023
It means what you did to become charged with a crime. Each element of any offense must be proven beyond a reasonable doubt.
Outside I do not speak to her she is going to file a civil restraining order on me will I have to move if she does this
answered on Jun 7, 2023
No. You and your neighbor will likely be ordered to mediate your dispute. You do not have to move.
This would include my biweekly paychecks, current bank account, car insurance, and vehicle. I have not been sued yet, but anticipate it happening in the next 3 years. Would it be legal for me to transfer all these assets, to get them out of my name, prior to any lawsuit being filed?
answered on Jun 2, 2023
This sounds like fraudulent conveyances. I believe you can be sued for doing this with the knowledge that you are likely to be sued. I would consult an attorney who can analyze all the facts of your particular situation.
I am an heir to property in Whitley County that was behind on taxes. A company bought the tax cert but did not notify us per KRS § 134.490 nor before bringing suit, 490 (1) and (2). They went straight to circuit court. I filed for dismissal for lack of jurisdiction because the plaintiff failed to... View More
answered on May 11, 2023
If they did not follow the statute, you may have a case for liability but your damages are pretty speculative at best. Probably would wind up spending more that you’d recover.
Against our 17 year old son, what do we do from here?
answered on May 6, 2023
Hire a lawyer who will show that the petition against your son is retaliatory.
Q: My grandma died of neglect in a Pennsylvania nursing home recently. A representative for the nursing home told us we would be wasting our time suing them, because any damages we won would just go to pay back Medicaid. Is this true? No that’s not true at all .The nursing home representative... View More
answered on Apr 23, 2023
You need to talk to your own independent lawyer and have them review her case. Don’t believe anything the nursing home or their reps tell you but listen to your own lawyer as to how to proceed.
I own the farm with a general warranty deed with no reservations and the graves are located on it. If the county maintains the pathway (without my permission) can they place it on maps and call it a county road?
answered on Apr 19, 2023
Not unless they have an easement for the use of the property.
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