Massachusetts Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Massachusetts Questions & Answers
Q: Is there a way to get a patent issued if I failed to file within the year of getting a provisional patent?
2 Answers
| Asked
in
Intellectual Property and Patents (Intellectual Property)
for
Massachusetts
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Peter D. Mlynek's answer
That is a very common question. Many times inventors get side-tracked, or funding dries up, or they simply forget.
The good news is that provisional patent applications are not published, so once the provisional patent application expires and is not used as a priority document, it is as if it never existed in the first place. So yes, you can file another patent application, identical, or similar to the provisional patent application.
The bad news is that you are going to reset...
That is a very common question. Many times inventors get side-tracked, or funding dries up, or they simply forget.
The good news is that provisional patent applications are not published, so once the provisional patent application expires and is not used as a priority document, it is as if it never existed in the first place. So yes, you can file another patent application, identical, or similar to the provisional patent application.
The bad news is that you are going to reset...
Q: Are you required to have an autopsy performed to be successful in a wrongful death claim?
Peter Munsing's answer
No. It can likely help, but not required. Suggest you contact a member of the Mass Academy of Trial Lawyers--they give free consults
No. It can likely help, but not required. Suggest you contact a member of the Mass Academy of Trial Lawyers--they give free consults
Q: I know my ex will inherit a large amount of money - will my support change when that happens?
Lillian J. LaRosa's answer
If this is on the issue of college education contribution potentially yes, or if the issue is continuation of alimony post retirement potentially yes, or if the income from the asset inherited is significant then potentially yes.
If this is on the issue of college education contribution potentially yes, or if the issue is continuation of alimony post retirement potentially yes, or if the income from the asset inherited is significant then potentially yes.
Q: If my husband was driving on a suspended license, but got injured and wasn't at fault can he sue the other driver?
David Tapalian's answer
Yes he may be able to. It all depends upon the total facts. I am here now if you wish to speak.
Yes he may be able to. It all depends upon the total facts. I am here now if you wish to speak.
Q: I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to
Christopher Tolley's answer
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative: https://www.masslegalhelp.org/consumer/debt/rights/debt-collectors
I am not as...
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative: https://www.masslegalhelp.org/consumer/debt/rights/debt-collectors
I am not as...
Q: Hello I want to get marry to my boyfriend which Visa process is faster k1 visa or spouse visa ?
Ms Grace I Gardiner's answer
The time frame for either one is about the same, but if you did not pay for the birth of your daughter here in the USA you can or may be denied at the interview. Make sure you have documentation to show proof of payment
The time frame for either one is about the same, but if you did not pay for the birth of your daughter here in the USA you can or may be denied at the interview. Make sure you have documentation to show proof of payment
Q: Will my property taxes increase if I add heat to a previously unconditioned outbuilding on my property?
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Tax Law
for
Massachusetts
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Christopher Tolley's answer
Massachusetts towns assess value annually. They calculate property values based on the market activity as well as certain property-specific attributes such as location, size, construction quality, style, and condition. These include the status of outbuildings. Factors may include the usefulness of the outbuilding with heat as opposed to unheated, whether, as a result of installation of heating, it is usable for residential or commercial purposes, etc. I suggest you call the tax assessor in your...
Massachusetts towns assess value annually. They calculate property values based on the market activity as well as certain property-specific attributes such as location, size, construction quality, style, and condition. These include the status of outbuildings. Factors may include the usefulness of the outbuilding with heat as opposed to unheated, whether, as a result of installation of heating, it is usable for residential or commercial purposes, etc. I suggest you call the tax assessor in your...
Q: How long will I have to pay off a hospital bill if I file for bankruptcy or does it go away entirely?
Stuart Nachbar's answer
If you have filed for a chapter 7, after reciept of the bill, so it is part of the bankruptcy, then it goes away
If you have filed for a chapter 7, after reciept of the bill, so it is part of the bankruptcy, then it goes away
Q: Can I buy 3 family and legally break tenants lease due to lead in home and her children living there?
Christopher Tolley's answer
You are likely going to face the possibility that you will have to delead the unit or the building. Online forums such as these are only useful up to a point. I strongly suggest you consult an attorney familiar with this area of the law before proceeding further.
You are likely going to face the possibility that you will have to delead the unit or the building. Online forums such as these are only useful up to a point. I strongly suggest you consult an attorney familiar with this area of the law before proceeding further.
Q: Is recycling damaged books, comic books and manga into household items copyright infringement if they're sold?
Griffin Klema's answer
It sounds like you have done some homework on this issue, which is great! It could be a transformative use. However, it really depends on how much you change the original copyrighted work into a new work. As for your second question about marketing your products, that is a separate issue that gets into trademark more than copyright. Specifically referencing certain superhero character names, publishers, or utilizing logos may lead to potential trademark infringement or dilution concerns. What...
It sounds like you have done some homework on this issue, which is great! It could be a transformative use. However, it really depends on how much you change the original copyrighted work into a new work. As for your second question about marketing your products, that is a separate issue that gets into trademark more than copyright. Specifically referencing certain superhero character names, publishers, or utilizing logos may lead to potential trademark infringement or dilution concerns. What...
Q: My neighbor's wall tilts about an inch and a half on my property, would it be legal for me to cut it down with my tools?
Christopher Tolley's answer
I know of nothing that permits this. Destruction of another's possibly encroaching structure is always risky without specific legal sanction to do so. For example, if you are incorrect about the location of the boundary line, your neighbor will have a right to sue you for destroying the fence and possibly for trespassing on their property in order to do it. If the inch and a half is important to you I suggest you start by engaging in dialogue with the neighbor. If you cannot resolve the matter...
I know of nothing that permits this. Destruction of another's possibly encroaching structure is always risky without specific legal sanction to do so. For example, if you are incorrect about the location of the boundary line, your neighbor will have a right to sue you for destroying the fence and possibly for trespassing on their property in order to do it. If the inch and a half is important to you I suggest you start by engaging in dialogue with the neighbor. If you cannot resolve the matter...
Q: Does every pleading need to be served in a case?
Zachary Alan Waksman's answer
I am not sure what you mean.
If you are referring to Rule 7(a) of the Mass. Rules of Civil Procedure, it does not literally mean that each kind of pleading must be filed. Most civil actions will, at minimum, have a complaint and an answer to said complaint. Many defendants will file a counterclaim against the plaintiff, who must file an answer to the counterclaim; the counterclaim is not a mandatory filing. These pleadings are by far the most common.
I hope this helps. Good...
I am not sure what you mean.
If you are referring to Rule 7(a) of the Mass. Rules of Civil Procedure, it does not literally mean that each kind of pleading must be filed. Most civil actions will, at minimum, have a complaint and an answer to said complaint. Many defendants will file a counterclaim against the plaintiff, who must file an answer to the counterclaim; the counterclaim is not a mandatory filing. These pleadings are by far the most common.
I hope this helps. Good...
Q: If we sub-contract from someone in New Hampshire, is there anything we need to be aware of in terms of state law?
Zachary Alan Waksman's answer
You should make sure the subcontractor is licensed to perform the intended work in Massachusetts. If he is serving as a home improvement contractor, you should check his registration with the state. You should do the same with every contractor you plan to hire, regardless of whether it is based in Massachusetts.
This information is available online through the state government.
You should make sure the subcontractor is licensed to perform the intended work in Massachusetts. If he is serving as a home improvement contractor, you should check his registration with the state. You should do the same with every contractor you plan to hire, regardless of whether it is based in Massachusetts.
This information is available online through the state government.
Q: I have a second home on Cape Cod that I live in for about four months per year. When I returned to it this year, someone
Zachary Alan Waksman's answer
Under these circumstances, he cannot do that. Adverse possession requires open, notorious, hostile, exclusive and continuous actual possession of the property for a period of at least twenty years. Since you occupy the home for several months per year, and likely have done so for several years, these conditions cannot be met. Has this ever happened before or have you ever met this person before?
That said, it appears that simply asking nicely will not be enough to get this trespasser...
Under these circumstances, he cannot do that. Adverse possession requires open, notorious, hostile, exclusive and continuous actual possession of the property for a period of at least twenty years. Since you occupy the home for several months per year, and likely have done so for several years, these conditions cannot be met. Has this ever happened before or have you ever met this person before?
That said, it appears that simply asking nicely will not be enough to get this trespasser...
Q: Is it worthwhile to pursue a criminal complaint after a lawyer or plaintiff lies under oath
Lissa McKinney's answer
Probably not. When you say 'worthwhile' do you mean in a financial sense? Then no. Unless the lie impacted you in a manner where you can prove some measure of damages or harm to yourself. While it is a thin standard at the clerk's hearing, it is still 'probable cause'. If it is your word against their word, that is not likely to be enough. IF there is no misunderstanding, and it is a lie that you have any independent information or documentation that is better proof. This could be a tape...
Probably not. When you say 'worthwhile' do you mean in a financial sense? Then no. Unless the lie impacted you in a manner where you can prove some measure of damages or harm to yourself. While it is a thin standard at the clerk's hearing, it is still 'probable cause'. If it is your word against their word, that is not likely to be enough. IF there is no misunderstanding, and it is a lie that you have any independent information or documentation that is better proof. This could be a tape...
Q: Am I able to change support payment amounts when I retire?
Lillian J. LaRosa's answer
Depending upon your divorce agreement terms and the interface with current alimony statutes you may well be able to reduce or terminate alimony in a Modification , but you should meet with a domestic relations attorney to go over your agreement and your particular facts and your former spouse's financial situation etc.
Depending upon your divorce agreement terms and the interface with current alimony statutes you may well be able to reduce or terminate alimony in a Modification , but you should meet with a domestic relations attorney to go over your agreement and your particular facts and your former spouse's financial situation etc.
Q: I would like to know how I can get Google to remove this case from the site this case is
Dakota Martin's answer
I don't understand. Is there a link or a place your name is mentioned for something you don't want to be associated with? If you can direct us to the web page we may be able to help
I don't understand. Is there a link or a place your name is mentioned for something you don't want to be associated with? If you can direct us to the web page we may be able to help
Q: Do gift certs expire in Mass?
Christopher Tolley's answer
It has to have a term of at least seven years. It has to have the issuance date and the expiration date on it. If it has no expiration date, it is good indefinitely. This applies to electronic cards. There are websites with more specifics, I suggest you check them to make sure whatever you have fits the statutory definition and there are no other applicable exceptions.
It has to have a term of at least seven years. It has to have the issuance date and the expiration date on it. If it has no expiration date, it is good indefinitely. This applies to electronic cards. There are websites with more specifics, I suggest you check them to make sure whatever you have fits the statutory definition and there are no other applicable exceptions.
Q: Does everyone get a shot at bail if they are arrested?
Lissa McKinney's answer
Absolutely! Everyone gets a shot at bail. However, whether you can get bailed out of a police station vs a Court is a different inquiry. Bail at police stations is set by a clerk magistrate that look sat the offense, your record and pretty much nothing else. No one is there presenting information on your behalf to the magistrate. If you are held at the police station and brought to Court a Judge will set bail and you will have a lawyer or one appointed to you to bring information to the...
Absolutely! Everyone gets a shot at bail. However, whether you can get bailed out of a police station vs a Court is a different inquiry. Bail at police stations is set by a clerk magistrate that look sat the offense, your record and pretty much nothing else. No one is there presenting information on your behalf to the magistrate. If you are held at the police station and brought to Court a Judge will set bail and you will have a lawyer or one appointed to you to bring information to the...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
