Massachusetts Questions & Answers by Practice Area


Massachusetts Questions & Answers

Q: any laws protecting consumer from being sold faulty products, that repeatedly fail because of same defect?

1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Answered on Jul 29, 2016

Your product was not "merchantable" and under the Uniform Commercial Code you can ask for a refund.May be a violation of MGLc93a if they don't.
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Q: Is it legal for ICE to stop random people on the street asking for their paperwork? Can illegal immigrants be arrested?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jul 27, 2016

Yes, it is legal and illegal immigrants can be arrested by ICE officials. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...
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Q: Did merchant violate Mail/Internet/Telephone Order Merchandise Rule by not letting me cancel delayed product?

1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Answered on Jul 27, 2016

if the bbb let you cancel, then looks like you wouldn't have a cause of action. Possible better cause of action would be MGLc93(a)

Damages for not having product a)require showing that they knew time was of the essence and why

b) proof of the damages.

Their being idiots and you spending time are not recoverable.
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Q: Without being told the risk, My wife's IUD dropped into her Abdominal cavity. Who should undertake responsibility

1 Answer | Asked in Medical Malpractice for Massachusetts on
Answered on Jul 18, 2016

Your wife would want to talk to a member of the Mass Academy of Trial Lawyers who handles pharmaceutical litigation. If you need some names let me know.
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Q: F1 student currently on my opt that expires in two months.can I marry my American fiancé in 60 grace period

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jul 11, 2016

Getting married before or after or during grace period does not change anything. If you entered the U.S legally and married a U.S citizen you shouldn't have any problems applying for your residency. Apply for residency at least within a month after your marriage so you could get your green card soon. After your spouse files I-130 you will be able to stay in the U.S legally until your green card is approved/denied. If you would like a free consultation feel free to contact my office...
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Q: I have a question about a malpractice suit

1 Answer | Asked in Health Care Law and Medical Malpractice for Massachusetts on
Answered on Jun 25, 2016

The HIPAA violation is not insignificant but has no real remedy. The big question is did they take an adequate profile, did they schedule him for appropriate liver screenings on an appropriate time table, who prescirbed and under what conditions of information. I suggest you contact a member of the Mass Academy of trial Lawyers . There are a number in your area.
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Q: How to I extend the expiration date of my J1 visa? (Physician)

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 10, 2016

You may have to apply for a change or status or extension. Both of them are going to cause some issues if you travel to different countries if you do not have them stamped on your visa. I suggest talking to an immigration attorney to find out what is the best way to approach this situation. Many immigration attorneys including me offer FREE consultations, make use of those consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa...
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Q: Does marriage affects my naturalization prospects?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 1, 2016

This may not have a big impact on your naturalization process as long as you do not apply for a green card through your fiance. Better talk to an immigration attorney in private via email or phone to get answer to your questions. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of...
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Q: Bring biological mother to the US without birth certificate

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on May 22, 2016

The stated facts create a complex case, and are insufficient to provide legal advice.

You should sit down with an experienced immigration attorney for consultation. Good luck. www.aba-us.com
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Q: I married my cousin in Boston, MA, if I do the petition for him, he can have his green card without any problem. Thanks.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on May 19, 2016

What is your immigration status? You need an immigration attorney, this case could be tricky. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not...
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Q: How much can you get in a police department lawsuit for not getting your medication while incarcerated?

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Massachusetts on
Answered on Apr 29, 2016

You should meet with an attorney in your state to assess the strength and potential value of your specific case. Settlement or judgment values are unpredictable and are based on many factors, including the overall strength of the case and the extent of the injuries that you suffered.
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Q: Can I sue a company who let someone work whit out paper past 5 years and let him drive whit out mass license

2 Answers | Asked in Employment Law and Personal Injury for Massachusetts on
Answered on Apr 21, 2016

No. You can report them to immigration and the DMV though.
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Q: i had blood drawn at TISH in nyc and my arm totally blue and bruised inches around the place where the blood was drawn

2 Answers | Asked in Personal Injury for Massachusetts on
Answered on Apr 5, 2016

The problem is you do not really have any damages. In a personal injury suit you need something like medical bills to show it was bad enough to treat.
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Q: Can I be sued for legal fees related to motion to compel arbitration if I prevail in the arbitration.

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Apr 5, 2016

Your first step should be to look at the settlement agreement you signed. Does it say something to the effect that this settles all claims between you? If so, you should win. Otherwise, your argument is that the wage issue was a breach of contract, and thus, as you note, their claim should have been a counterclaim.
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Q: If my husband only had a 2 years green card can he leave the country to visit and than come back to the United states

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Mar 15, 2016

If the travel is for less than 6 months your husband will be fine. He just needs to take his green card and passport.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to...
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Q: I cut a driver off on a one lane road, he followed me and got my license plate but has no proof, can I get a ticket?

1 Answer | Asked in Traffic Tickets for Massachusetts on
Answered on Mar 8, 2016

His testimony would be proof. Whether the judge believes him is another story.
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Q: Removal of property line fence

1 Answer | Asked in Real Estate Law for Massachusetts on
Answered on Mar 8, 2016

As a co-owner (with you) of Lot A, the other owner probably has the right to remove the fence, as long as removing it doesn't lower the value of lot A. If it does, you could sue the co-owner for waste to the mutually-owned property. You might also consider suing the other owner for partition. Removing the fence would not be criminal.

I am not sure what you mean by indicating that you have not closed out the estate. Normally conveying property to the rightful heirs is about the last...
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Q: How long does it take for I-130 (without I-485) to get the approval?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Mar 3, 2016

There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
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Q: I was injured at work, due to my mgr's negligence & now I'm not working & have no income! I need legal help please?!

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Answered on Mar 1, 2016

You should file a worker's compensation claim, which would include income. Find a local WC attorney who can help you with it, as they may also figure out a way to go after the employer for the actions after the incident.
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Q: Forum Copyright infringement: Is this infringement?

1 Answer | Asked in Copyright for Massachusetts on
Answered on Feb 29, 2016

Yes, you could be sued for copyright infringement for copying posts in a forum. It does not matter if they only use a nickname. This type of infringement is not criminal, so you would not be found guilty, just liable. Statutory damages are a minimum of $700 per infringement, plus you would be responsible for all of their costs and attorneys fees.

That said, if they want to sue, they have to register each work with the U.S. Copyright Office first. If they were only copying others, then...
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