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1 Answer | Asked in Gov & Administrative Law and Civil Rights for Michigan on
Q: In the state of Michigan, I submitted a FOIA request for a incident report that I was the Reporting party on.

I requested to remain anonymous due to the fact I would be retaliated against if the offender found out I was the reporter, I spoke to law enforcement and they reassured me MULTIPLE times I would be anonymous and my name would be withheld from the public records and upon receiving a copy of the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 25, 2024

I don't think MCL 15.243 protects you here. You're requesting a copy of a report made upon your complaint. If this relates to a criminal allegation, I don't see how you could remain anonymous, unless you reported this through Silent Observer.

Think about it from the other...
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2 Answers | Asked in Wrongful Death for California on
Q: Can I sue a radiologist or radiology team for missing a new lesion for existing brain cancer?

My daughter was born in 2014 and diagnosed with brain cancer in 2021. Rady children’s has royally screwed up everything in the beginning.

Anyhow, she shall soon pass away. Going into 2024, we got robust control of everything in 2023, stable. But then big misses were made by radiology... View More

William John Light
William John Light
answered on Nov 25, 2024

I am sorry for your loss.

You may have a case. A pediatric radiologist and a pediatric oncologist will need to review the records and gives opinions as to standard of care (in missing new lesion) and causation. Unfortunately, that is not cheap and most attorneys will require a retainer...
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3 Answers | Asked in Employment Law for California on
Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More

Neil Pedersen
Neil Pedersen
answered on Nov 25, 2024

First, employees of a non-profit are to be treated the same way as employees of a for profit enterprise. No difference.

Second, bullying in the workplace and a systemic lack of leadership structure are not unlawful unless you can prove the bullying is being targeted at you because you are...
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3 Answers | Asked in Employment Law for California on
Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More

Brad S Kane
Brad S Kane
answered on Nov 25, 2024

Labor Code 1102.5 protects employees, including non-profit employees, for reporting or opposing what they in good faith believe to be illegal conduct. Lack of leadership is not illegal, but bullying may be illegal if motivated by hostility toward a protected class or opposition to illegal conduct.... View More

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2 Answers | Asked in Divorce, Family Law and Immigration Law for Colorado on
Q: Can you draft a CO spousal maintenance agreement for a future spouse and advise if filing affects immigration status?

Could you help me draft a legal spousal maintenance agreement for a future spouse in Colorado, ensuring it complies with state laws and provides financial support during the marriage? Additionally, if we file this agreement with the court, how might it affect our immigration status? We want to... View More

Dorothy Walsh Ripka
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Dorothy Walsh Ripka
answered on Nov 25, 2024

Yes. These are generally things that can be drafted taking in consideration the special needs of a person. In undertaking the drafting of an antenuptial agreement, however, an attorney would only be able to represent one spouse and work for the benefit of the party that hires the attorney. It would... View More

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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My father passed without making a will. How do we figure out who gets what. He has a retirement and stock and property

His wife is not being very open about his finances which leads me to think she is trying to keep everything

Michael Cherewka
Michael Cherewka
answered on Nov 25, 2024

THe situation you are describing, dying without a Will, is known as Intestacy in Pennsylvania. Since your father did not have a Will, the surviving spouse is generally not entitled to all of the Estate assets. However, the three assets which you described, retirement accounts, stock accounts and... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Seller left shed; now it's being repossessed. What can buyer do?

We closed on a home in Texas about 3 weeks ago. A shop building (on a crushed gravel slab but not anchored) was negotiated in the sale, but was not mentioned in the purchase agreement. Two days ago, a repo agent called us saying the shed was rent-to-own and it's being repossessed. Our real... View More

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

The first thing you need to do is to check to see if the company for which the repo agent is repossessing the shop building filed a UCC-1 perfecting a security interest in the shop building.

The second thing you need to do is to contact the title insurance company for your buyer's...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have evidence of coerced and falsified documents from a probation officer/judge and misconduct/bias/prejudice

Also a pretexual traffic stop/unlawful stop/premidated conspired set up.

What can I do about that?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

You should tell your criminal defense attorney. Evidence obtained during your traffic stop could be excluded if you can show that the stop was unlawful and pretextual. But you need to raise this complaint properly in a pretrial motion or objection at the time of your trial, or you could waive... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: House owned by wife. Married in 2009. Live in Texas. Married 16 years. Getting divorced.

I was a silent partner on a note refinance, signed paperwork (I am not on the deed). Replaced appliances, did interior upgrades, etc. Do I have 50% equity in the house?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

It depends on whether the house is your wife's separate property or community property. If the house was bought by your wife before your marriage, it is her separate property. If the house was bought by your wife during your marriage, it is community property unless she used entirely her... View More

1 Answer | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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2 Answers | Asked in Elder Law and Personal Injury for Louisiana on
Q: What about mental stress, emotional stress, abuse of the elderly, trapped inside my home due to flooding of St drainages

Trapped inside my home after rain due to street drainage being clogged up and Mayor doesn't want to do ANYTHING about that. When my wheels on my electric chair gets wet I can't use my ramp cause I spin my wheels and I slide all over the place. City Drainage Problems !!!

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. What you describe sounds like it would be a difficult case, not to diminish what you must have gone through. But many municipalities enjoy certain immunities from such settings, as... View More

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1 Answer | Asked in Personal Injury and Health Care Law for Idaho on
Q: Do I have any chance with a case? Feb 14th 23' I was dropped on my R artificial knee. Broke my femur & both ankles.

Feb. 2023 I came to help out my housebound mother and to celebrate my Pop's birthday. Pos was a residence at Lakeside in Polson. I got severely sick and was taken to St Luke's in Ronan. Admitted for severe dehydration and RSV. I needed to go potty and had voiced that since I had been... View More

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2024

An Idaho attorney could advise best, but your question remains open for a week. I'm sorry about your ordeal. From your post, it looks like this happened in February 2023. I do not practice in Idaho but based a quick check of online information available to the general public, it looks like the... View More

1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

1 Answer | Asked in Tax Law for New York on
Q: What is recourse if real property was illegally seized when taxes were always paid in full and county ascribed wrong own

Owner and failed to notify record owner of deed

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

If your real property was transferred due to errors by the county (e.g., assigning the wrong owner or failing to notify you of changes to the deed) contact the county recorder or assessor's office in writing to dispute the error. Include copies of your tax payment records, the deed, and other... View More

1 Answer | Asked in Estate Planning, Securities Law and Elder Law for New York on
Q: What do I do if Fidelity Investments refuses to give my mother her money, and refused my power of Attorney?

Mom had a stroke a year ago and hasn't gotten better. We are trying to buy a house so that I can take care of her when the time comes... Fidelity has accused me of Elder Abuse and trying to steal her assets etc even tho my mom was the one who told fidelity what her wishes were. They are rude... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

I'm sorry you're going through this difficult situation. If you haven't already, ask Fidelity to document their concerns in writing and provide the specific reasons for refusing to honor your POA or give your mother access to her funds. It may be because they believe your mother... View More

1 Answer | Asked in Consumer Law and Products Liability for Illinois on
Q: 8 year old Gorilla playset collapsed on my Granddaughter causing severe injury. Do I have a case.

I bought my Grandchildren a Gorilla playset 8 years ago and assembled by professional.On September 28, 2024 it collapsed on 2 of the kids causing 1 severe injuries to her spleen and kidneys. It has been maintained every year and came with 10 year warranty.

John J. Malm
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John J. Malm pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2024

I’m very sorry for the serious injuries suffered by your grandchildren. Both the manufacturer and installer can be held liable, and possibly strictly liable, for your grandchildren’s injuries under product liability, negligence, and possibly breach of warranty theories.

Proving...
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1 Answer | Asked in Employment Law for Arizona on
Q: My job, im working two different departments and the other department gets paid more than i, is this legal?
Joel Friedman
Joel Friedman
answered on Nov 24, 2024

This is not a workers' compensation case. It seems you are being paid at the lower rate for one of the two departments where you are assigned, even for work you do in the department in which other employees are being paid a higher rate. That is an employment law question and I would suggest... View More

4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Should I keep paying off my debt slowly, or is it better to consider bankruptcy as an option?

Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More

Carl Nelson
Carl Nelson
answered on Nov 24, 2024

You made the right decision by consulting with an attorney; this forum would not be a substitute for that type of in-depth consultation. If you are not confident in the advice you were given, you could reach out to another attorney for a second opinion. Unless you have precisely the same financial... View More

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4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Should I keep paying off my debt slowly, or is it better to consider bankruptcy as an option?

Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More

Carl  Cottone
Carl Cottone
answered on Nov 25, 2024

I'm guessing that the attorney with whom you consulted in 2022 was not a bankruptcy attorney; maybe I'm wrong, but that doesn't matter. Your statement that you are struggling with $100,000 of debt does not indicate how much of that debt is unsecured debt, which is the linchpin here.... View More

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2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Attorneys who practice in Puerto Rico could advise best, but your question remains open for over two weeks. Did the agreement for the course you offered include any clauses about where disputes or collections would be handled? That could be the first thing to look into. One option is to approach... View More

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