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Nevada Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: I own bogusjoe.com How do I get the trademark bogusjoe that has been abandend
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 3, 2024

The application in 2020 to register BOGUS JOE BIDEN, BOGUS JOE was abandoned by a failure to respond to an initial refusal from the trademark office based on its use of the name of a living individual, and there is no other application or registration for BOGUS JOE. You could apply to register the... View More

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3 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: I own bogusjoe.com How do I get the trademark bogusjoe that has been abandend
Felicia Altman
Felicia Altman
answered on Sep 3, 2024

In order to register a trademark you must file an application with the USPTO. If the mark has been abandoned you will be able to refile your own application for the mark. To ensure you properly file for your trademark it is recommended to work with a trademark attorney or specialist.

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1 Answer | Asked in Workers' Compensation for Nevada on
Q: I had carpal tunnel surgery 22 yrs ago thru workers comp. Claim was settled, but it's back. Can I reopen the case?

I have since retired from my job. originally the claim was for both wrists, but surgery was done on only one. It is back in both wrists. Not looking for more money, just maybe help with medical. Do I have any options?

Leonard Stone
Leonard Stone
answered on Aug 30, 2024

In Nevada, the Workers' Compensation system allows for the reopening of claims, even after a significant amount of time has passed since the settlement of the original claim. Because your carpal tunnel condition has returned, you should seek medical assistance.

To reopen a claim, you...
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1 Answer | Asked in Insurance Bad Faith for Nevada on
Q: Is it legal for an insurance co. to declare a total loss & refuse to include the ADA conversion package in the comps?

I purchased a used minivan, for my father, from a local dealership. He’s handicapped & it was equipped with a full ADA conversion. After speaking to the adjuster she said she was going to call the company to verify the conversion details. The company confirmed the vin # and the date the... View More

Leonard Stone
Leonard Stone
answered on Aug 30, 2024

The insurance company is required to act in good faith and deal fairly with you. In my opinion, the insurer should consider all relevant factors in determining the value of the vehicle, including modifications that enhanced the vehicle's value.

ADA conversion packages are often...
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2 Answers | Asked in Bankruptcy for Nevada on
Q: If I come into money, should I just pay off all my debt or just declare bankruptcy

I have $133,000 in debt and my credit score is already down to 472.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 26, 2024

You are eligible for a bankruptcy discharge of debt every eight years.

Use it wisely.

Without a full disclosure of your financial situation, and your prospects for future income, it is not possible to offer a recommendation of bankruptcy, or not.

A key element for you is...
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2 Answers | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Do I have a reason to sue healthcare provider?

During an MRI today I noticed my wedding ring was still on as I was sliding into machine. I waved my hands to stop it so I could remove it. The MRI tech said I’d be fine and didn’t allow me to take it off. The MRI came out blurred because he said I was moving. I was not moving at all. Turns out... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2024

A Nevada attorney could advise best, but your question remains open for two weeks. It could depend what the damages were. I do not believe a several week delay in knee surgery would typically be a source of damages - that's an individual opinion - other attorneys could see things differently.... View More

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1 Answer | Asked in Civil Litigation for Nevada on
Q: My wife was kicked out of a Las Vegas business under the belief that she was smoking when she has never smoked.
Jennifer Setters
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answered on Aug 20, 2024

Being asked to leave a business based on an incorrect assumption can be both frustrating and unfair, particularly when the accusation is untrue. In situations like this, the legal implications can vary depending on the specifics, such as whether the incident involved any discriminatory behavior or... View More

1 Answer | Asked in Gaming and Criminal Law for Nevada on
Q: Possession of counterfeit gaming instrument (66016)

Summons in lieu of arrest

Jennifer Setters
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answered on Aug 20, 2024

Possession of a counterfeit gaming instrument is a serious charge that can have significant legal consequences. The specific nature of the charge, such as under statute 66016, and the decision to issue a summons in lieu of arrest suggests that the authorities are treating the matter with a level of... View More

1 Answer | Asked in Civil Litigation for Nevada on
Q: My wife (in a small wheelchair and disabled) was not allowed into a shoe store because she is in a wheelchair.

The aisles in the store are presumably too narrow to allow a wheelchair in. The aisles are not fixed in place however and are comprised of stacked shoe boxes only. Can we sue under ADA laws?

Jennifer Setters
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answered on Aug 20, 2024

The situation you described raises important concerns under the Americans with Disabilities Act (ADA), which is designed to ensure that individuals with disabilities have equal access to public spaces. The ADA requires businesses to make reasonable accommodations to provide access to their goods... View More

1 Answer | Asked in Gov & Administrative Law for Nevada on
Q: Should you have to supply an order of the court that misconduct was done for the State Bar to take you complaint?
Jennifer Setters
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answered on Aug 20, 2024

When you decide to file a complaint, with the State Bar regarding lawyer misconduct it's crucial to keep in mind that each situation is unique and the requirements may vary depending on the specifics of your case. Typically the State Bar looks into complaints based on the evidence and details... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Can the father of my children get child custody & support after he was abusive and abandoned all responsibilities/priori

He was breadwinner since I quit working after our daughter was diagnosed with type 1 diabetes I'm her primary care giver the whole time

Jennifer Setters
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answered on Aug 20, 2024

It's important to remember that every case is unique, and the outcome of any custody or support matter depends on various factors specific to your situation. While general principles can guide decisions, the specifics of your case, such as past behavior, the care you provide, and your... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Shift starts at 10 but my boss wants me to come in at 9:30 - is this legal if they don't pay me?

I'm a receptionist at a massage place - I get paid $15/hr for 10 hours/day on weekends. My boss asked me to come in early at 9:30 but mentioned no additional pay - is this legal? They do give me bonuses at the end of the day based on how many people I check in but the bonus money isn't... View More

Leonard Stone
Leonard Stone
answered on Aug 15, 2024

This situation is not a workers' compensation matter but rather an employment law issue. Under Nevada law and federal labor standards, you must be compensated for all hours worked, including any additional time beyond your scheduled shift. If your employer asks you to come in early and work an... View More

2 Answers | Asked in Personal Injury for Nevada on
Q: Second opinion on personal injury case and assistance with medical billing.

On may 6th I was hit in the rear of my car well pulling into an open spot in my daughters school pickup line. I had been waved forward to the front of the line by the flagfers and the tesla that hit me appeared to be parked (no rear lights at all). I signaled and checked that I had space and... View More

Leonard Stone
Leonard Stone
answered on Aug 15, 2024

From the details you provided, both you and the other driver were maneuvering in a school pickup line. The fact that you were waved forward by a flagger and the other vehicle appeared stationary suggests that you took reasonable steps to safely pull into the spot. That said, I have not seen the... View More

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1 Answer | Asked in Adoption, Divorce and Family Law for Nevada on
Q: Are we able to get divorce & custody documents signed & notarized by different notaries in different states?

My partner is getting a divorce , we live in Nevada & her husband lives in Washington state. Can we avoid having to make the trip up to Washington , by notarizing the documents here on the mothers behalf & then send the documents to Washington & have her husband also notarize separately... View More

Jennifer Setters
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answered on Jul 31, 2024

As an attorney, I can provide some general information, but for specific legal advice tailored to your situation, please contact us at 702-979-1455 or visit our website at www.gastelumattorneys.com.

In divorce cases where the spouses reside in different states, it is often possible to...
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2 Answers | Asked in Family Law, Civil Rights and Landlord - Tenant for Nevada on
Q: In Nevada, would it be legal to throw away my ex fiance's stuff? He cheated on me and left 3 months ago

His parents are aware of the situation and that we were trying to coordinate last month. However, the stuff is still here taking up a lot of space (6 boxes of clothes/tools). I would rather just throw it all away and start fresh. I gave him the important documents already. Some of the tools/clothes... View More

Jennifer Setters
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answered on Aug 20, 2024

It's common to feel the urge to get rid of your exs stuff, after a while. The rules around disposing of their belongings can be tricky and depend on laws. In Nevada those items might be seen as abandoned property. There are usually steps you need to take before you can throw them out... View More

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1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Federal Crimes for Nevada on
Q: Can I demand due wages plus $5000/day for penalty and emotional distress for non-payment of wages?

I have demanded pay for 6 weeks from my employer with no avail.

James L. Arrasmith
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answered on Jun 21, 2024

Here's a concise response to your question about demanding wages and penalties in Nevada:

1. You have the right to demand unpaid wages from your employer.

2. Nevada law allows for penalties for non-payment of wages, but not $5000/day.

3. Penalties can include:

-...
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1 Answer | Asked in Civil Rights, Gaming and Libel & Slander for Nevada on
Q: What do I do if I have been falsely accused of committing a crime at a bar?
James L. Arrasmith
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answered on Jun 21, 2024

If you've been falsely accused of committing a crime at a bar, here are some steps you should consider taking:

1. Remain calm and do not discuss the accusation with anyone except your lawyer.

2. Do not speak to the police without an attorney present. Politely inform them that...
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1 Answer | Asked in Criminal Law, Civil Rights and Gaming for Nevada on
Q: What do I do if I have been falsely accused of committing a crime and reprimanded for it
James L. Arrasmith
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answered on Jun 21, 2024

Here's how I would advise handling a situation where you've been falsely accused of a crime and reprimanded:

1. Stay calm and don't panic. False accusations are serious, but there are ways to address them.

2. Do not discuss the accusation with anyone except your...
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1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: Can an unborn child be the sole inheritance of a residential home ?

And if the child is not born, can there be a provision for the property to go to the state ? Bypassing the Child's parents.

Anthony M. Avery
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answered on Jun 21, 2024

A very good attorney could draft such a future interest deed (contingent remainder; subject to an executory interest; etc.) which would not violate the Rule Against Perpetuities. Very few attorneys can draft an enforceable deed such as that, and no title companies. You will need to hire a NV... View More

1 Answer | Asked in Criminal Law and Internet Law for Nevada on
Q: Can I press charges on my brother for tampering with my internet services after having him removed for non payment?

My brother has been living with me for two years without any payment of rent,power or internet services. I recently denied access to him for use of the internet. And he's been pulling my cable from the wall.

James L. Arrasmith
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answered on Jun 8, 2024

Based on the details you provided, your brother's actions of pulling the cable from the wall to disrupt your internet service may constitute property damage or criminal mischief. However, the specific charges and their applicability depend on the laws of your state and the extent of the damage... View More

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