I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the... View More 
answered on Sep 20, 2023
A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could... View More
My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?
answered on Sep 15, 2023
Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.
An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be... View More
Current state NC, husband in agreement
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answered on Sep 11, 2023
While it's possible to establish residency in South Dakota relatively quickly, moving there for a weekend solely for the purpose of filing for divorce may not be straightforward or advisable in all cases. The specific requirements for residency to file for divorce can vary from state to state,... View More
answered on Apr 20, 2023
Check your county's court website and see if they have any local forms that are required or acceptable. In Riverside County, the court has a local form that provides for all of the needed information. (You could always go to their website and pull the local form for your pleading paper... View More
answered on Apr 2, 2023
A will is a relatively simple legal instrument that a reasonably intelligent person ought to be able to prepare on their own without a problem.
Nevertheless, we frequently see situations where a reasonably intelligent person has botched one. I just handled a probate for a man who botched... View More
I came home one night from work to find my front door wide open. I checked and nothing was missing but I was still upset. Maintenance had called the day before saying they were going to come take a look at the AC unit as we recently had a bat crawl inside our apartment from the AC unit. I informed... View More
answered on Feb 10, 2023
I would report it and move on.
You suffered no damages, so what would you be suing for?
This is one of the many reasons I always recommend tenants be present when maintenance workers are inside rented premises. As inconvenient as it may be to miss work, it prevents many potential... View More
I would like to use the text from a public domain book and print it onto fabric for a project I'm working on. Initially this was to be a personal project, but I'm considering the possibility of using the design for commercial purposes in the future and want to know if it is legal to use... View More
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answered on Jan 11, 2023
In the United States, copyright law provides authors and other creators of original works with exclusive rights to their creations. Copyright protection prevents others from reproducing, distributing, or displaying copyrighted works without the permission of the copyright holder. This is an... View More
Will tell if I can find a lawyer who takes pro Bono cases.
answered on Dec 27, 2022
A South Dakota attorney could advise best, but your question remains open for two weeks. You could go online and look up pro bono attorneys and legal aid attorneys. Personal injury, which is one of your chosen categories, is usually not handled pro bono. However, law firms typically handle such... View More
answered on Sep 25, 2022
A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... View More
I only got a no insurance ticket for my parents car, but now have my own car with insurance. No other tickets were given to me. What should I do?
answered on Aug 26, 2022
A South Dakota attorney could advise best, but your question remains for two weeks. In terms of your question on what you should do, there are a number of issues to sort out here. I hope no one was injured here, but if you were, reach out to attorneys to discuss your options there. Without... View More
Service contract includes an arbitration clause, and states I must seek arbitration in South Dakota. The author is the one in breech of said contract and I live in California.
answered on Jul 25, 2022
You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by... View More
Are there any hours or times in SD in which operation of a Jet-Ski is prohibited, or certain things are required (ex. headlights, additional licensing, etc...)?
answered on Jun 29, 2022
A South Dakota attorney could advise best, but your question remains open for two weeks. Only a local attorney familiar with your state's regulations could advise here, but nationwide, there are safety courses, programs, and other online resources with information on the operation of personal... View More
My wife was parked in Colorado at a gas station and a driver backed hard into her then drove off. There were cameras and cops were called, but she lives in South Dakota since we are military and We are confused on how this process works.
answered on Jun 14, 2022
A Colorado attorney could probably advise best, but your question remains open for a week. I'm sorry about your wife's accident; I hope she is okay. If she was injured, she could reach out to Colorado attorneys to discuss. Free initial consults are the norm in the industry. You could... View More
I already got a hold of bank and another lawyer about this I have till may5th to figure out what I was doing this was her idea but she cant come up with the fees for the lawyer over there they dont know about her so to say what should I do or what can it do
answered on Apr 27, 2022
A South Dakota attorney could advise best, but your question remains open for two weeks. It isn't fully clear from the description what is going on here, but please be careful if you are being asked for legal fees or banking information. No one can say whether this involves a genuine matter or... View More
answered on Aug 19, 2023
I am not licensed in South Dakota and I am not going to peruse the criminal statutes looking for the specific crimes that a parent could face for abandoning a child on the interstate, but I bet even in South Dakota it against the law. Of course, other details would help access the situation.... View More
My boss asked his state’s attorney uncle about my personal record, then proceeded to tell my co-workers about it to defame me. For one can his uncle just give him any info on anyone he wants? And if so what happens when he expresses those Private matters to employees?
answered on Aug 19, 2023
What private information was disclosed? Most personal information isn't protected. Public records contain a vast array of personal information, including criminal proceedings.
Was hired during covid, that's why the employee got away with working somewhere else. But it can't be okay that they promote the other location at ours. Also, a lot of supplies have gone missing at our location.
answered on Jul 31, 2023
A South Dakota attorney could advise best, but your question remains open for three weeks. It may have gone unnoticed under the Business Law and Business Formation categories. Non-compete agreements are something that employment law attorneys are knowledgeable with. Not all questions here are... View More
There were no drugs found in the car, no drugs found in the driver's system, he blew a .02, after having a beer about a half hour earlier, he's over 21. The highway patrol stayed in the hospital until all drug and alcohol tests performed, was given the negative results immediately. The... View More
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answered on Jul 14, 2023
Law enforcement can obtain a search warrant for a cell phone if they believe it contains evidence related to the accident or other criminal activity. They need to demonstrate probable cause to a judge to obtain the warrant. If you have concerns, consult with a lawyer for guidance based on your... View More
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answered on Mar 11, 2023
I'm sorry, it seems like the message got cut off. Can you please provide more context or complete your message?
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answered on Mar 2, 2023
It is best to refrain from using the vehicle until insurance is secured for the estate and for each person who might be driving it. If anyone drives it and causes an accident, that person would be liable to the estate for all harm to the estate.
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