Vermont Q&A by Practice Area

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Vermont Questions & Answers
2 Answers | Asked in Car Accidents for Vermont on
Q: i'm a minor, I was wondering if i just won money from a law suit how can I make sure nothing gets stolen from my family.

I was left out of most conversations about where my money was put into. And pretty much all conversations about my lawsuit that was settled. This specific lawsuit took 2 years too finish.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Someone was representing you and has a fiduciary duty to you. They must explain, give you documentation. An attorney has additional duties.

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1 Answer | Asked in Probate for Vermont on
Q: Maine: A relative dies intestate. No one files probate. Then what?
Nina Whitehurst
Nina Whitehurst answered on Aug 20, 2019

There won't be a probate until someone steps up and petitions to be appointed executor of the estate.

2 Answers | Asked in Gov & Administrative Law and Tax Law for Vermont on
Q: Can I apply stock market capital losses to my federal student loans to pay them off?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 7, 2019

No, that doesn't make any sense.

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1 Answer | Asked in Criminal Law and Personal Injury for Vermont on
Q: I'm being sued for personal injury (overnight hospital stay) sustained to a postal carrier, on my property.

I received a demand letter from an attorney, whose client was alleging he ate cannabis edible cookies he found in my mailbox, the week before Christmas. On the alleged date of his injury, we were not home, and had no knowledge of any cookies. We do live in a legal state (Vermont), and occasionally... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 14, 2019

This is a bit bizarre but nonetheless you should not give the attorney anything but turn it over to your homeowners and let them handle it. They will hire an attorney for you if you are sued. By the way no more posting on social websites--this one included. Good luck.

1 Answer | Asked in Trademark for Vermont on
Q: If a company (in a similar industry) has a product name that's not trademarked, can I use that name as my business name?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jun 10, 2019

No. Trademark rights are based upon use, not registration.

1 Answer | Asked in Criminal Law for Vermont on
Q: Looking for help finding a supreme court case on cell phone searches

Hi, this probably isn't a request you get often but I'm in desperate need of some help. I'm in the middle of a law midterm and I'm searching for a landmark supreme court case in which someone is arrested and their cell phone is seized. The phone isn't locked and the officer sees something on it... Read more »

Gary Kollin
Gary Kollin answered on Mar 18, 2019

If this is a school assignment, then you should not be obtaining assistance from an outsider. I believe this is a violation of your honor code.

2 Answers | Asked in Trademark for Vermont on
Q: Can our font be changed for our trademark name?

Our registered Trademark is LuGinDee to sell cooking aprons and t-shirts online. Per a Google search of our name, it was discovered that the typeset is not correct. If you look at the justia.com listing for our name, you will see what we mean.

Jason Brooks
Jason Brooks answered on Mar 12, 2019

If you've registered a trademark as just a word mark, in your case, the word "LuGinDee" then you're free to use it in any type or font, color or other style you want, with trademark protection (meaning other can't use it) so long as the word "LuGinDee" is still legible.

If you had...
Read more »

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1 Answer | Asked in Immigration Law for Vermont on
Q: I have H4 visa. Got selected in H1B and got i797a approval. But ...

I have H4 visa. Got selected in H1B and got i797a approval. But my change of status (cos) is not done yet. Can i re-enter on my valid H4 visa ?

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2019

Your better option is to apply for an H1B visa, based on the I-797A approval notice. Then, you will be able to bypass the change-of-status delay and re-enter the USA as an H1B worker.

This answer assumes you did not violate your H4 visa status prior to leaving the USA, for example...
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1 Answer | Asked in Personal Injury for Vermont on
Q: My son got injured on a piece of playground equipment during lunch. I suspect this was because he wasn't being properly

supervised. Is the school immune from liability as a government entity?

Tim Akpinar
Tim Akpinar answered on Jan 6, 2019

I do not practice in Vermont, but I noticed your question hasn't been picked up in four weeks. I hope your son is okay. Check with a Vermont personal injury attorney, as many give free consults, and when you do, ask about notice of claim issues. In many jurisdictions, school districts,... Read more »

1 Answer | Asked in Civil Litigation for Vermont on
Q: Is a lawyer service online that you can hire to write motions?
Tim Akpinar
Tim Akpinar answered on Oct 22, 2018

There are legal writing services, but they are generally smaller, and can be harder to find than the companies that sell out-of-the-box legal forms. Some attorneys hold themselves out for project-based work writing appellate briefs, memorandums, and other documents and pleadings. If you found one... Read more »

1 Answer | Asked in Immigration Law and Criminal Law for Vermont on
Q: Will a consular ID card and international drivers license allow you to purchase ammunition in the state of Vermont?

I'm having a hard time finding an answer for this question. This is a fictional scenario, but I need to know if a non-U.S. citizen who only has an international drivers license and a consular ID card would be able to purchase ammunition and magazines in the state of Vermont. I see the state of... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 13, 2018

This is not an immigration question. You need to consult with a criminal attorney.

1 Answer | Asked in Immigration Law for Vermont on
Q: How does an arrest for a minor offense affect a person's green card status?
Carl Shusterman
Carl Shusterman answered on May 9, 2018

It depends. If you are convicted of a drug offense, for example, you could be deported. On the other hand, a petty theft conviction may have no effect on your ability to qualify for a green card.

1 Answer | Asked in Immigration Law for Vermont on
Q: If I get caught with drugs on me while living in the U.S., how can that affect my immigration status?
Carl Shusterman
Carl Shusterman answered on May 9, 2018

This could result in you being deported from the United States.

1 Answer | Asked in Immigration Law for Vermont on
Q: What are the penalties for overstaying a visa?
Carl Shusterman
Carl Shusterman answered on May 9, 2018

Generally, this prevents you from adjusting your status to green card holder in the US with certain exceptions. If you leave the US, you may be subject to a 3 or a 10-year bar to returning to the US unless you obtain an "extreme hardship" waiver.

1 Answer | Asked in Trademark for Vermont on
Q: A company has trademark that is "The [other word here]. Is it ok to use that other word by itself (without 'the')?
Jason Brooks
Jason Brooks answered on Apr 18, 2018

It depends on your intended use and the class(es) in which the other mark is registered. If there is no conflict with respect to the use (i.e. you are using the mark as an apparel company, and the other owner is using the mark as a landscape service, for example), then you are free to use and... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Vermont on
Q: Do I have any recourse ? I fell through the floor of my trailer, I rent, after informing landlord for well over a year
Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Yes. Contact Vt Legal Aid.If you are over their income guidelines ask if anyone in their Landlord/tenant unit has left for private practice.

1 Answer | Asked in Personal Injury for Vermont on
Q: My child takes Learn to Ice Skate lessons at our local rink. We signed a waiver about injuries before the first class,

but my child was later hurt when a hockey player who wasn't supposed to be on ice at the same time as the skating classes hit a puck up and it collided with the side of my child's head. Would this invalidate the waiver so we can sue the rink for medical expenses? This was a scenario that I don't... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

You want to consult a member of the Vt.Assn for Justice in your county--they give free consultations.

1 Answer | Asked in Bankruptcy for Vermont on
Q: I filed for and was granted a chapter 7 discharge. Do I have to pay past due property taxes ? I gave up my property.
Nels Hansen
Nels Hansen answered on Sep 7, 2017

You should contact your bankruptcy attorney or a local bankruptcy attorney with this question as it concerns bankruptcy and local property taxes. Property taxes are usually assessed against the property and the legal owner of the property based on a specific assessment date. In Texas, if your... Read more »

1 Answer | Asked in Trademark for Vermont on
Q: hello there is trademarked phrase that is "published for opposition" and the date is 2017-08-08. how would one oppose?

The trademark is for the phrase "no Ugly Crying" on a hankie, but it is not used as a logo or business name or slogan to identify the business. It is just a common phrase popular with brides that someone trademarked. I would like to oppose it as I do not believe it is a properly used trademark and... Read more »

Benton R Patterson III
Benton R Patterson III answered on Sep 1, 2017

To oppose the registration of a mark before it is issued you need to file an opposition proceeding and pay the required fee. For filing a notice of opposition on paper, the fee is $500 per class. For filing a notice of opposition electronically, the fee is $400 per class. The opposition must be... Read more »

3 Answers | Asked in Personal Injury for Vermont on
Q: I was walking my dog and and we both got knocked down by a cyclist -- will the insurer pay for my pet's vet bills?
David Alan Wolf
David Alan Wolf answered on Jul 20, 2017

The payment of medical bills will depend on the available coverage and the liability or fault for the incident or accident. The bicyclist may take the position that he or she was not at fault. If there was a police report, this may help clarify how the accident took place and how the insurance... Read more »

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