Vermont Questions & Answers by Practice Area

  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
  • Appeals / Appellate Law
  • Arbitration / Mediation Law
  • Banking
  • Business Formation
  • Business Law
  • Car Accidents
  • Child Custody
  • Child Support
  • Civil Litigation
  • Civil Rights
  • Collections
  • Communications Law
  • Constitutional Law
  • Construction Law
  • Domestic Violence
  • Education Law
  • Elder Law
  • Election Law
  • Employment Discrimination
  • Energy, Oil and Gas
  • Entertainment / Sports
  • Environmental
  • Federal Crimes
  • Gaming
  • Gov & Administrative Law
  • Government Contracts
  • Health Care Law
  • Identity Theft
  • Insurance Bad Faith
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Internet Law
  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
  • Municipal Law
  • 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

Vermont Questions & Answers

Q: Looking for help finding a supreme court case on cell phone searches

1 Answer | Asked in Criminal Law for Vermont on
Answered on Mar 18, 2019
Gary Kollin's answer
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.

Q: Can our font be changed for our trademark name?

2 Answers | Asked in Trademark for Vermont on
Answered on Mar 12, 2019
Jason Brooks' answer
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 registered a stylized design, with a particular font or other style, then only that style would be protected. For example (presumable, the word Coca-Cola is a protected word mark by itself, but also the...

Q: I have H4 visa. Got selected in H1B and got i797a approval. But ...

1 Answer | Asked in Immigration Law for Vermont on
Answered on Jan 27, 2019
Allen C. Ladd's answer
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 working for the employer "as if" you already had the H1B C/S approved.

Q: My son got injured on a piece of playground equipment during lunch. I suspect this was because he wasn't being properly

1 Answer | Asked in Personal Injury for Vermont on
Answered on Jan 6, 2019
Timur Akpinar's answer
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, municipalities, villages, and other government entities could be protected by short (within the order of days) deadlines for filing a notice of claim.

Tim Akpinar

Q: Is a lawyer service online that you can hire to write motions?

1 Answer | Asked in Civil Litigation for Vermont on
Answered on Oct 22, 2018
Timur Akpinar's answer
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 that you were satisfied with, you could ask them if they handle motions.

Tim Akpinar

Q: Will a consular ID card and international drivers license allow you to purchase ammunition in the state of Vermont?

1 Answer | Asked in Immigration Law and Criminal Law for Vermont on
Answered on Jun 13, 2018
Carl Shusterman's answer
This is not an immigration question. You need to consult with a criminal attorney.

Q: How does an arrest for a minor offense affect a person's green card status?

1 Answer | Asked in Immigration Law for Vermont on
Answered on May 9, 2018
Carl Shusterman's answer
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.

Q: If I get caught with drugs on me while living in the U.S., how can that affect my immigration status?

1 Answer | Asked in Immigration Law for Vermont on
Answered on May 9, 2018
Carl Shusterman's answer
This could result in you being deported from the United States.

Q: What are the penalties for overstaying a visa?

1 Answer | Asked in Immigration Law for Vermont on
Answered on May 9, 2018
Carl Shusterman's answer
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.

Q: A company has trademark that is "The [other word here]. Is it ok to use that other word by itself (without 'the')?

1 Answer | Asked in Trademark for Vermont on
Answered on Apr 18, 2018
Jason Brooks' answer
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 register the mark in your separate class. However, if the uses are the same, then the word "the" is not a protectable element of the mark and using the word without applying "the" would not protect your...

Q: Do I have any recourse ? I fell through the floor of my trailer, I rent, after informing landlord for well over a year

1 Answer | Asked in Landlord - Tenant and Personal Injury for Vermont on
Answered on Mar 13, 2018
Peter N. Munsing's answer
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.

Q: My child takes Learn to Ice Skate lessons at our local rink. We signed a waiver about injuries before the first class,

1 Answer | Asked in Personal Injury for Vermont on
Answered on Nov 3, 2017
Peter N. Munsing's answer
You want to consult a member of the Vt.Assn for Justice in your county--they give free consultations.

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.

1 Answer | Asked in Bankruptcy for Vermont on
Answered on Sep 7, 2017
Nels Hansen's answer
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 name is on the deed January 1 then you are responsible for the property tax. If the lender has not foreclosed or otherwise taken the property out of your name you will continue to be responsible for the...

Q: hello there is trademarked phrase that is "published for opposition" and the date is 2017-08-08. how would one oppose?

1 Answer | Asked in Trademark for Vermont on
Answered on Sep 1, 2017
Benton R Patterson III's answer
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 filed 30 days after publication, although an extension may be requested. Although, you must be able to show you would be damaged by registration of the mark to bring an opposition proceeding. Merely...

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?

3 Answers | Asked in Personal Injury for Vermont on
Answered on Jul 20, 2017
David Alan Wolf's answer
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 company will handle the claim. Good luck.

Q: Is my neighbor liable for injuries resulting from their tree falling on our house?

1 Answer | Asked in Personal Injury for Vermont on
Answered on Jun 16, 2017
Mr. Michael John Gannon's answer
Possibly. It depends on whether your neighbors were on notice of the risk presented by the tree and failed to act. If that's the case then they are potentially liable.

Q: I want to use a religious symbol I found online for a poster. Are religious symbols free of copyright?

1 Answer | Asked in Copyright for Vermont on
Answered on May 21, 2017
Will Blackton's answer
Religious symbols are not necessarily free of copyright protection. If the image you found online was created by an artist, and has some very minimal level of creativity applied to the work, that artist was granted copyright protection, even if the underlying symbol is in the public domain or otherwise free of copyright.

Are you interested in reselling the poster, or just having one printed for your own personal use? Contact the artist and see if they license the work for such...

Q: I had some surgery on my touge about year and half ago.I was told by him the surgeon that the feeling would come back,

1 Answer | Asked in Medical Malpractice for Vermont on
Answered on Apr 21, 2017
Peter N. Munsing's answer
Talk to a member of the Vermont Assn for Justice--they give free consults.

Q: Have been married 30 yrs, separated 9 of those. I was awarded a personal injury claim recently,

2 Answers | Asked in Divorce for Vermont on
Answered on Nov 12, 2015
Robert Jason De Groot's answer
Go see a local family attorney for a full discussion.

Q: If someone has been charged with simple assault with mutual affray is it a non listed offense?

1 Answer | Asked in Criminal Law for Vermont on
Answered on Oct 12, 2015
Robert Jason De Groot's answer
Get counsel on your side. The attorney you hire will investigate all the facts and circumstances and advise you accordingly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.