Vermont Q&A by Practice Area

  • Admiralty / Maritime
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  • Intellectual Property
  • International Law
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  • Juvenile Law
  • Land Use & Zoning
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  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
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  • Native American Law
  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Stockbroker Fraud
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

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Vermont Questions & Answers
1 Answer | Asked in Personal Injury for Vermont on
Q: How do I file a case against them . My daughter and I have lose hair and scalp is flaking bad.
Tim Akpinar
Tim Akpinar answered on Jul 30, 2021

A Vermont attorney could advise best, but your post remains open for three weeks. It sounds like you are contemplating legal action in connection with a product. You could research online whether there are law firms handling cases involving similar results with the same product(s). If it was... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Vermont on
Q: If author assigns copyright to publisher for royalty, who is responsible for protecting copyright against infringement?

Assigned copyright to publisher in 1975 in exchange for 8% royalty. Publisher sold for a few years then stopped. 1990, someone in the next town starts publishing the work, claiming they created it, same name, colors, images, context. Has been publishing it since. Quite successful. Author just found... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 26, 2021

Check the contract.

In some places you can recover the copyright after 35 years.

You should consult with an attorney.

Typically both parties have the right to defend the copyright.

Depending on the contract, it may not be an obligation for the licensee to sue or protect the copyright.

2 Answers | Asked in Car Accidents for Vermont on
Q: What happen if a driver is in a hit and run no damage is done to the car that was hit the car stopped but the other didn

what happens if a driver is in a hit and run, no damage is done to the car that was hit, very minimal damage is done to the car that hit the other car. When the driver stopped the car that was hit did not stop, and now people are looking for the driver of the car that hit the car

Tristan  Larson
Tristan Larson answered on Feb 23, 2021

Generally, if no damage is done and no one is injured, there's not much more to do in this circumstance. Vermont requires that drivers report crashes though if there is $3,000 worth of damage or someone is injured. Even if the damage is less than that, the at-fault driver's insurance... Read more »

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2 Answers | Asked in Personal Injury and Workers' Compensation for Vermont on
Q: Fell through makeshift floor vent injuring my knee. Was working at a residence. Unsure who's responsible or what to do.

Fake cold air vent. Something makeshift.

Tim Akpinar
Tim Akpinar answered on Dec 16, 2020

A Vermont attorney could advise best, but your question remains open for a week. If the accident occurred in the course of employment, a good starting point could be to consult with a workers' comp attorney. If there are elements of the accident that indicate a possible basis for claims... Read more »

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1 Answer | Asked in Bankruptcy for Vermont on
Q: Filing Chapter 7 in Vermont and just approved for student loan refund is this protected?

I am currently filing chapter 7 bankruptcy via the internet through Upsolve and to keep the story short I was charged out of state tuition for two semesters totaling just over $10,000 maxing out my loans for the school year so I can not return until fall next year without out of pocket pay. I was... Read more »

Thomas C. Rollins, Jr.
Thomas C. Rollins, Jr. answered on Nov 20, 2020

If you are holding this money in your bank account or as cash then it usually will not matter what the funds represent. You must even disclose the fact that you are owed the money even if school is still holding the money.

While these funds represent your tuition money from your...
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1 Answer | Asked in Collections for Vermont on
Q: An old friend she owes me money been so far almost over 2yers And she still avoids and running away

I have the txt and our conversations when she used to ask and when I used to give her and last txt she said to me she’s trying but she won’t it’s I have feelings she’s just try to have me forget abd running away instead of pay me back

Tristan  Larson
Tristan Larson answered on Aug 3, 2020

You may have to sue your friend - small claims if its $5k or less is fairly simple. Keep those text messages and defiantly print them out when you go to the hearing along with all the other non-related texts between you.

1 Answer | Asked in Family Law for Vermont on
Q: How do I convince an attorney to represent me in a complex case that requires faith?

I just want to file a request for a protection order

Tristan  Larson
Tristan Larson answered on Aug 3, 2020

You can file for a protective order (a relief from abuse order in family court) without a lawyer. The important thing is to write out an affidavit carefully that includes why you are in fear for your physical safety. Forms are available at the courthouse or at the judiciary website.

1 Answer | Asked in Medical Malpractice for Vermont on
Q: Can my dentist refuse to see me because of a review I wrote?

A little over a yr ago I had to have some dental work done at Cloud dental in St. Albans. The procedure was was anything but desirable. It started off with being demanded to produce a pregnancy test before I could have any work done, even after I explained that I had had a hysterectomy yrs prior.... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Vermont attorney could advise best, but your question remains open for a month. As a general matter, doctors or dentists are free to choose who they treat. There are exceptions to this premise under a doctor-patient relationship. And there are settings where a third-party relationship where a... Read more »

1 Answer | Asked in Tax Law for Vermont on
Q: How would I go about fixing a non filing for a few years issue?

I have been in a dark place for about 15 years now and just haven't filed. I know that I am facing fines as well as an audit. that being said what can I expect and how harsh can these fines be? I really do need to take care of this issue. Been heavy on my mind for a few years.

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 13, 2020

You should start with a consultation with a tax attorney. Just stay away from the places you see advertised on TV. You do not want to just start filing returns. If you were not entitled to a refund you will be assessed several penalties as well as interest. Working with a tax attorney will... Read more »

2 Answers | Asked in Personal Injury and Products Liability for Vermont on
Q: I need to know how much my claim is worth

My cup ashtray caught on fire, nearly giving my husband a heart attack, and burning both our fingers. he is on ssi for a panic disorder. We called dollar tree who said their claim department would contact us. I was wondering with a fire and a mental disorder involved how much should I ask for?

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

mental distress claims are really difficult and technical. Contact some injury attorneys and get an estimate. If you didn't get medical treatment the answer is very little at all.

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1 Answer | Asked in Libel & Slander and Medical Malpractice for Vermont on
Q: What about falsifying medical records

Doctor knew the information was false but still didn’t remove it which is also libel

Tim Akpinar
Tim Akpinar answered on Nov 1, 2019

It could be libel. It depends on the substance and context, which could mean the difference between mere medical inaccuracy and damage to one's character and reputation. Good luck

Tim Akpinar

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... 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 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... 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...
Read more »

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 »

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