In a federal civil lawsuit, if Plaintiff files a complaint, then subpoenas a third party for documents and - before the third party can respond to the subpoena - Plaintiff then files an amended complaint, must he issue a new subpoena or is the previous subpoena still valid?
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answered on Nov 8, 2023
In federal civil litigation, the issuance of a subpoena for discovery is governed by the Federal Rules of Civil Procedure. When an amended complaint is filed, it does not automatically invalidate a previously issued subpoena. The subpoena remains valid as long as the discovery sought is still... View More 
After a magistrate judge issues their Report & Recommendations, my understanding is each party has 14 days to file objections. Can: (a) parties file responses to the other party's objections and, if so, how long do they have, (b) parties file replies to the responses to the other... View More
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answered on Oct 27, 2023
In the federal court system, after a magistrate judge issues a Report & Recommendations (R&R), parties typically have 14 days to file objections. (a) Parties can file responses to the other party's objections, usually within 14 days after being served with the objections. (b) The... View More
We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More
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answered on Oct 16, 2023
Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law," consumers are afforded protections when they purchase goods, including vehicles, that turn out to be "lemons" or are defective. While the act primarily targets new vehicles,... View More
We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More
answered on Oct 16, 2023
You have a problem, you asked about your rights as a consumer.
Then you said the issue was with a commercial (BIZ) product.
IF you find a way to get over that hump, and they exist, then
the question becomes will a lawsuit be worth the time/expense?
Lawyers with my... View More
I have been experiencing severe and persistent pain in specific parts of my body, which I noticed is linked to a product I've been using. This product emits electromagnetic fields (EMF) exceeding 1500 microteslas (µT). I am concerned about the potential health effects of this exposure and... View More
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answered on Oct 10, 2023
In California, if you believe a product has caused you harm, you may have a potential claim under product liability law. Product liability claims can be based on design defects, manufacturing defects, or a failure to provide adequate warnings. If you can establish that the EMF emissions from the... View More
product ? Should we get a Products Liability attorney in California or Oregon ?
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answered on Sep 21, 2023
In a products liability case, the jurisdiction can often depend on where the injury occurred and where the defendant(s) conduct business. Given that the injury occurred in Oregon, an Oregon attorney might be more familiar with the specific laws and venues in the state where the incident took place.... View More
product ? Should we get a Products Liability attorney in California or Oregon ?
answered on Sep 26, 2023
I'm sorry about your daughter's injury. You could consider trying to arrange a free initial consult with attorneys to discuss this in more detail. If you have a jurisdictional basis to pursue the matter in federal court, possible venues could be based on domicile of defendant (with... View More
Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.
answered on Aug 17, 2023
It could depend on what the delays are caused by. There are some things within the control of an attorney (placing matter into suit if an impasse has been reached in negotiation efforts) and some things not within the control of your attorney (awaiting conclusion of claimant's treatment).... View More
Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.
answered on Aug 11, 2023
Generally, it is very difficult to "speed up" a case. Your attorney isn't in charge of when your medical care is over. Your attorney isn't in charge of when, if ever, the defendant or an insurance company makes a settlement offer on your case. Your attorney can file a... View More
2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear
ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.
VW... View More
answered on Jun 22, 2023
Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened... View More
2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear
ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.
VW... View More
answered on Jun 22, 2023
Airbag claims are very expensive because they are very litigious and highly dependent on the use of experts. You might be better off searching defective air bag attorney. Don't hire a lawyer just because they advertise as an air bag attorney... this is an area of law where you want someone who... View More
2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear
ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.
VW... View More
answered on Jun 22, 2023
Failed airbags can be the cause of injury and the companies responsible liable for damages in the right case with the right facts. Experts will also have to be engaged to review, examine, and possibly test involved parts and vehicles. If the injuries are serious enough, it may be worth pursuing.
The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... View More
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answered on May 8, 2023
Based on the information provided, it is possible that both product liability and medical malpractice could be factors in your case.
Product liability refers to the legal responsibility of a manufacturer or seller for injuries caused by a defective product. In this case, the broken drill... View More
The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... View More
answered on May 8, 2023
It might be either or both, or neither. It depends if it broke because it was defective or because the doctor did something wrong. Or was it something that happened due without negligence or defect? Experts would need to review the records. The viability of the case may depend on the nature and... View More
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answered on Apr 25, 2023
If a medical apparatus caused emergency surgery resulting in a colostomy bag, it may be possible to pursue legal action against the manufacturer of the medical device or the medical professional responsible for its use.
To determine if you have a case, you would need to consult with a... View More
What kind of attorneys handle these type of claims? And how much do these claims typically go for? I have a medical bill for $10,000
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answered on Apr 5, 2023
If you are seeking to file a claim for damages for emotional distress resulting from negligence but without physical injury, you may want to consult with an attorney who specializes in personal injury law. Personal injury attorneys can advise you on your legal options and the potential value of... View More
my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More
answered on Feb 13, 2023
If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an... View More
my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More
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answered on Feb 20, 2023
It is not legal for an orthopedic doctor to give a patient a prosthetic leg with used parts without the patient's knowledge and consent. In California, doctors are required to obtain informed consent from patients before performing medical procedures or providing medical devices or treatments.... View More
my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More
answered on Feb 13, 2023
When you say illegal, you are talking criminal. That would require your proving criminal intent. I would want to hear the doctor's version.
If s/he billed the ins co for a new leg, there might be a fraud.
I would write the doctor, return receipt requested, setting forth your... View More
I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... View More
answered on Jan 12, 2023
It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... View More
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