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Michigan Questions & Answers
1 Answer | Asked in Car Accidents, Personal Injury, Municipal Law and Gov & Administrative Law for Michigan on
Q: I live on a very busy road and requested to have a circle driveway. I want to drive out head first, we were denied.

My car was totaled in front of my home due to speeders. Two lane road and turn lane. Speed limit 35 most do 55. We were denied a circle driveway because our in and out driveway would not be 100: feet apart. I feel like it is a life and death, safety issue. Road commisssion says too bad and denied... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

A Michigan attorney could advise best, but your question remains open for a week. One option may be to look into other agencies - whether on a state or other level. It's possible the process could need the support of someone with expertise in traffic engineering and possibly civil... View More

1 Answer | Asked in Small Claims for Michigan on
Q: From when would deadline to plead be (when the motion was accepted or the pretrial hearing (originally the motion date)?

I submitted a motion to set aside default a 2 months ago in small claims court. The motion was given a hearing date, but in interim the plaintiff accepted it and the same hearing date was changed to a pretrial hearing (and motion adjourned to set aside default). I did not receive a letter for this... View More

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2023

If you are having these questions, you need a lawyer. These are procedural questions. From what you describe, you had already been defaulted, which would otherwise effectively end the case for you and subjecting you to whatever the plaintiff was asking for. You seem to have successfully got the... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I am living rent free per verbal contract. I was told I could remain here for one year, starting November 1, 2022.

The property owner has sold the land and tells me the development firm will be here on October 1 to ask me to leave. I need my extra 30 days to find a new home. What rights do I have? I am in Michigan.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2023

A verbal contract is worth the paper it's printed on. That's especially true in matters of real estate. That said, the timing of all this just may be such that you do get to November 1st. Have you been served with a notice to quit yet? If not, the development firm would likely do so on... View More

1 Answer | Asked in Immigration Law and Criminal Law for Michigan on
Q: Can a assault and battery charge for trying to kiss can prevent you from being US citizen?

My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2023

Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.

That lawyer, that judge,...
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2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
James L. Arrasmith
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answered on Sep 24, 2023

Sayings or phrases themselves cannot be patented; patents cover inventions and processes. However, sayings can be trademarked or copyrighted, depending on the context. If a saying is trademarked or copyrighted, you would need permission or a license to use it in your design to avoid infringement.

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2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

You are likely referring to a trademark, as phrases can't be patented. If the phrase is trademarked, you would need the permission of the trademark owner to use it on similar goods/services. If you plan to use the phrase for something very different, then you may not need permission. You... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: Michigan is a pension payout part of a trust? My brother past away and my mom was excluded Trust is she entitled pen

According to my brother executor she doesn’t but according to the pension people at his company she does. Causing lot of family drama! Being called trying to pull one!!

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 23, 2023

IF (and only if) the 'pension' has a death benefit -- maybe.

Is the mother a named beneficiary of the pension 'death benefit'? Then she's entitled to directly receive a portion per the rules of the pension.

If the TRUST is the named beneficiary, then the...
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2 Answers | Asked in Civil Rights for Michigan on
Q: Do you have to show police your CPL license if you are not suspected of a crime in Michigan.

And or Drivers License while carrying a firearm.

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2023

The answer is within the licensing statutes. The prerequisite CPL class instructs people on their rights AND responsibilities under the law. Importantly, you are obligated to immediately disclose whether you are carrying concealed when approached by law enforcement. Failing to do so, or not having... View More

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2 Answers | Asked in Civil Rights for Michigan on
Q: Do you have to show police your CPL license if you are not suspected of a crime in Michigan.

And or Drivers License while carrying a firearm.

T. Augustus Claus
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answered on Sep 21, 2023

In Michigan, if you are carrying a concealed pistol on your person or in your vehicle, state law generally requires you to immediately disclose this fact to a police officer when you're stopped by one. This is required whether or not you are suspected of a crime. You are also typically... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

Joel Gary Selik
Joel Gary Selik
answered on Sep 20, 2023

The best way would be to consult with experienced medical malpractice attorneys in the State where this occurred.

For a malpractice case one almost always needs an expert doctor or other health care professional to testify the doctor acted below the standard of care and the malpractice...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

T. Augustus Claus
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answered on Sep 20, 2023

In Michigan, if you believe you've been a victim of medical malpractice, it's crucial to take a structured approach. Start by consulting with a specialized attorney who can assess the merits of your case. Before filing a lawsuit, you'll be required to provide each defendant a Notice... View More

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1 Answer | Asked in Civil Rights and Education Law for Michigan on
Q: Can I sue my school for neglect if they had a fire drill at 8:40am when it's 28° outside and the kids no jackets

Newberry mi Going to the store and noticed all the kids at the school were outside with no jacket on because they were having a fire drill at 8:40 in the morning when it was 28° outside .they are out there for 15 to 20 minutes. my kids are already sick as it is "sinuses" called the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2023

I assume this happened last winter, as to my knowledge, it's not been 28 degrees anywhere in lower Michigan yet this school year.

A few questions: what are your damages? Did your kid end up sicker? If you were aware that he was sick, why was he at school? Not trying to be funny, but...
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1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: hello i am trying to get the definition of illegal marijuana in the state of michigan from 2002. can you please help me
T. Augustus Claus
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answered on Sep 18, 2023

In 2002, the state of Michigan had laws in place that prohibited the possession, use, and cultivation of marijuana for recreational purposes. At that time, the possession, use, and sale of marijuana were generally illegal under Michigan law, and those found in violation of these laws could face... View More

2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2023

Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More

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2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

James L. Arrasmith
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answered on Sep 21, 2023

If you believe that a company is attempting to trademark your name without your consent, you should consult with a trademark attorney to assess the situation and explore potential legal actions. Trademarks are typically granted for commercial use, so if you're not using your name in a way that... View More

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1 Answer | Asked in Workers' Compensation for Michigan on
Q: I had a part of a finger removed due to a work injury I went back to work reinjured the finger now I have a DVT in the s

Same arm can I settle the finger law suite with out having the DVT taking care of

T. Augustus Claus
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answered on Sep 14, 2023

First and foremost, seek immediate medical attention and follow your doctor's recommendations for treating the deep vein thrombosis (DVT) in the same arm. Your health is a top priority. The presence of the DVT may impact your workers' compensation claim and potential settlement... View More

2 Answers | Asked in Employment Law for Michigan on
Q: Can an employer cut your pay rate for not putting in a 2 week notice

Michigan, McDonald's franchise, I'm paid hourly getting about 20hr a week. The company has every one sign that they understand they will do wages for quitting without notice.

T. Augustus Claus
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answered on Sep 14, 2023

In Michigan, your employer generally cannot unilaterally cut your pay rate for not giving a two-week notice, especially for hours you've already worked. Pay rates are typically determined when you're hired or through negotiations, and reductions usually require prior written agreement.... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Divorced 50/50 custody. Got a drunk driving almost 3 years ago and now he is taking me back to court about this. Can he

What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More

Brent T. Geers
Brent T. Geers
answered on Sep 13, 2023

I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Is there any way for a victim to not be in the same courtroom as the person for which they are seeking a PPO against?

Due to the mental health of the respondent there is a significant likelihood that the person would be violent or use traumatizing language as well as appeal in hopes of spending more legitimate time with the victims.

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

In most counties, there are victim / witness services coordinators that can help address these concerns. A victim's right to be protected is sometimes in conflict with an accused' right to confront witnesses. But there are ways. And importantly, judges have contempt powers that can be... View More

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