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COVID-19 Questions & Answers
1 Answer | Asked in Products Liability for Florida on
Q: Is it possible to sue a large hotel chain for housekeeping negligence and not sanitizing for covid?

I have videos and pictures of blood, urine and other horrific things found in my room upon checkin, but didnt know if this is enough to pursue a lawsuit. I also have receipts of having to purchase my own bedding and linen because they had none.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

You can't sue for negligence if you cannot prove damages. The only damage I see is the price of the room. You should have protested when you got to the room.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: The log in to pay ticket fine on website listed on ticket, no information of my son nor the ticket number is showing up

Officer lowered ticket to 10 mph or less. Ticket states court date time and address however Area of ticket for officer to mark “appear in court? Y or N?” Officer left blank. And we cannot find any information on the back of the ticket as to whether or not this is a mandatory court date.... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 6, 2021

If he is only charged with speeding he can just pay the ticket and not show up for court. At that time the "bond" (what he paid) with be forfeited and the case will be over. That being said, depending on what state he has his license in the points for the ticket can transfer back and show... Read more »

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Hi What is the statue of limitations for suing a landlord for breach of the rental contract. I’m in Kansas. Thank you
Scott C. Stockwell
Scott C. Stockwell answered on Apr 5, 2021

The statute of limitation for an action based upon a written agreement is 5 years. If the agreement was oral, it would be 3 years. There may be some statutory rights (e.g., Landlord Tenant) that are involved in which case the statute of limitations would generally be three years. If the statutory... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord verbally tell me is selling the house I am renting? Can he schedule showings during pandemic?

My lease expires in June 30. He told me is selling but he did not give me a writing note. He is scheduling shows but I am very concern because I am 65 years old.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 3, 2021

Yes, your landlord can show the house assuming he gives you reasonable notice. Obviously you can require the visitors to observe measures (wearing of masks, etc.) to protect you from infection.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I am up to date on paying my rent. My landlord has called me saying he has a buyer for the house and wants me out

Does the covid act help me for more time on getting out?

Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

It is possible there are pandemic related protections in place, but those are ephemeral and case-by-location.

Here are some key points to be aware of:

(1) If you have a lease, with a defined term (for example until July 1, 2021), it is likely the landlord CANNOT remove you for any...
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2 Answers | Asked in Health Care Law for Michigan on
Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

Brent T. Geers
Brent T. Geers answered on Apr 2, 2021

You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done.... Read more »

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2 Answers | Asked in Civil Rights, Consumer Law and Criminal Law for New Jersey on
Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.

2 desired outcomes i am looking for

- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )

- refund of my money

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement... Read more »

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3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

I would never advise any client, ever to set up a Sub-Chapter S corporation. It offers no benefit to anyone other than the accountant who probably set it up for you. You need to have a strategy session with an experienced Bankruptcy attorney. You are not going to be able to purchase a new house at... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on
Q: N 400 Naturalization Interview

Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2021

You should confirm whether your marriage in India is a valid marriage. You can contact an attorney in India or the Indian consulate nearest you to verify the validity of your marriage.

Once you confirm that your marriage is in fact valid and lawful then you can present that information at...
Read more »

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1 Answer | Asked in Health Care Law for South Carolina on
Q: How long does the doctor have to release your records to you after written authorization has been given
William Thomas Geddings Jr
William Thomas Geddings Jr answered on Mar 31, 2021

The answer can vary depending on what you mean by "doctor". The rule can differentiate between a doctor in private practice, a hospital, a medical clinic or other provider that are often lumped together as "doctor". The general rule is that they have a reasonable time.... Read more »

2 Answers | Asked in Traffic Tickets for Louisiana on
Q: Should I have been notified of a speeding ticket court date change due to covid?

I got my first speeding ticket on 3/13/2020, on the ticket court was set for 4/30/2020. I called twice with no answer when lock down began for court change, but no one picked up. I received a failure to appear in court letter on 3/18/2021. I am simply wanting my reinstatement fees waved. Should I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 31, 2021

I sympathize with you. Ultimately, it is your responsibility to find out your new court date, however what steps you took may assist you in getting in fee/charges associated with the warrant for your missed court date--that is up to the discretion of the Judge. Your reference to receiving a... Read more »

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Environmental for Michigan on
Q: Do I have a right to request termination of lease, before my move in date, if landlord is not responding to concerns?

Do I have a right to request termination of lease, before my move in date, if no one is responding to these concerns? I found pests(bedbugs) of what I believe to be an infestation as I was cleaning the unit. I have proof and I’ve contacted the agent and the Property Manager and sent them... Read more »

Michael Zamzow
Michael Zamzow answered on Mar 31, 2021

There's quite a lot of misconception around landlord and tenant laws. The Michigan Landlord Tenant handbook should be easy to find and will have some helpful information in it.

Anytime you break a contract, with a complete defense or not, you're risking retaliation (balance that...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord sold the property. Does he have the right to make me move out during the pandemic if it leaves me homeless.
Barry W. Kaufman
Barry W. Kaufman answered on Mar 31, 2021

If you have a lease with the old landlord, the new owner must honor your lease. When your lease expires, you must leave unless the new owner and you enter into a new lease. The owner is not obligated in any way to let you stay 1 minute after your lease expires. It's up to you to find a new... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Termination for not getting covid vaccine

Is a religious accommodation request my only option in the state of Oregon to prevent me from getting terminated for not getting a vaccine? Its my understanding that because there is only an EUA and no FDA approval,covid vaccine can't be mandated.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 30, 2021

Generally, employers are permitted to require their employees to get the COVID-19 vaccine. However, there are two exceptions to this rule - the religious accommodation you've mentioned, and an exception for individuals with disabilities who are unable to receive the vaccine because of their... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in MD and I have filed a breach of lease against the tenant who I am renting my house to.

When I filed the form for eviction at District court, I check marked the box for 14 days breach of lease causing imminent danger. Is it possible to change the eviction notice to 30 days for breach of lease?

Also if I filed my case on January 25th and I issued a notice to quit/vacate... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 30, 2021

That's a whole bunch of questions. In regards to the 14 days, if there is danger of imminent damage/harm, then yes, you could go for the 14 day notice.

In regards to will the judge really look at the notice: it depends on the judge, but yes, they should certainly be looking at it....
Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: Hi...I live in California (LA County). My wife was the sole beneficiary on her older brother's 401k account.

Her brother died of Covid on January 19th. My wife then died of Covid 4 days later. What happens to the 401k account? Her brother had a daughter, but she wasn't listed as a beneficiary. Does the 401k pass to the daughter, or does it go to my wife's estate?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 29, 2021

It should go to your wife's estate.

A Will or a Trust normally has provisions regarding this sort of situation, but unless the 401K administrator had the brother sign something unusual, then the money would still go to the estate of your wife. But check with the administrator.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My mom has been in her home 6 years the landlord said his family wants to sell. Wants her out so they can update it.

Nowhere on the lease does it say they might sell the home. He said he would give her a good reference. Were in the middle of a pandemic. She can't find a home under stress and the landlord wants to start remodeling so he told her he really needs her to find a place. What are her rights

Joseph Jaap
Joseph Jaap answered on Mar 29, 2021

The landlord must honor the terms of the written lease until it expires. But when the lease term expires, if the tenant does not vacate, then the landlord can file for an eviction. If the lease has already expired, then the landlord can give 30 days written notice to terminate the lease at the... Read more »

2 Answers | Asked in Health Care Law for Michigan on
Q: Is it against HIPPA law for a company to circulate names on a list for getting Covid-19 vaccines?

Company sent reminder e-mail to all employees for the up-coming COVID-19 vaccine clinic they are offering on-site. The link takes you to a listing of all names and times of those who signed up for it. What happened to medical privacy?

Brent T. Geers
Brent T. Geers answered on Mar 29, 2021

Poor practice on the company's part, maybe, but I don't see this rising to a HIPPA violation. What personal health information is being disclosed other than someone having signed up for a timeslot, and an inference that those persons will now be vaccinated? Your point is well taken that... Read more »

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1 Answer | Asked in Divorce and Tax Law for Wisconsin on
Q: Do refundable tax credits (e.g. EIC) or the ongoing stimulus credits related to COVID-19 count as gross income in WI?

DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.

David N. Iancu
David N. Iancu answered on Mar 29, 2021

I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.

2 Answers | Asked in Contracts, Estate Planning, Elder Law and Probate for Connecticut on
Q: Can children (and their spouses) serve as witnesses for their parent when signing a Power of Attorney in CT?

Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... Read more »

Steven Basche
Steven Basche answered on Mar 26, 2021

Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or... Read more »

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