Arkansas Recent Legal Answers from Lawyers

In practice in PA so you need to consult with an AZ lawyer. My opinion would be that whether or not your sister in law takes your brother's share would be decided by what the will says about when  a child predeceases mom. You reference a "Family Agreement" and not a will. In my state, there is no document called a Family Agreement that is substitute for a will. In my state it would be what the will says, testacy, orif no will exists, intestacy. Intestacy would result in brother's children getting his share. If he has no children, then the gift would lapse and go back to you and any other siblings. I would look carefully at what this Family Agreement says about an heir preeceasing mom.... Read More

Restrictive covenants such as this one are looked at with some suspicion by the Courts and are often not enforced, but they sometimes are.  I see no problem with the 120 day notice requirement.  However, if your agreement really says that you can't work at any job within 30 miles of your current one forever, I would be shocked if it was enforced.  If it actually says something like you can't work for any competitor of your employer for a year after you leave its employ, the clause is more likely to be enforced, but still no certainty.  Whether or not the clause is enforceable depends on a large variety of factors, including the type of industry you work in (i.e. 30 miles when you're talking about an air traffic controller is a lot more reasonable than 30 miles when you're talking about a beautician), whether the employee has specialized skills or training, the geographical scope of the provision, the amount of time the provision restricts competition, whether the employee can work in another industry, whether the employer has invested considerable money and time training the employee, whether the employee's work would involve usng his former employer's confidential information, whether the clause prohibits any competition or is a limited restriction (for example, prohibiting solicitation of customers the employee has serviced in the past 6 months), etc.... Read More

You have 2 issues.  The first, is if your salary and terms of employment have changed enough to allow you to quit for good reasons attributable to the employer.  Your state laws will indicate if you have lost enough in sales to meet this criteria. You should also meet with an attorney regarding your covenant not to compete.  Regardless of what the non-compete states, it is hard to enforce these in a sales position.  You should meet with an attorney who will review your agreement to see what you can and cannot do or if the agreement is enforceable... Read More

It is difficult to say whether the necrosis is related to the previous surgery. Has anyone told you that it is? If so, you may have a case worth investigating, but it sounds like an uphill battle.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

For more information regarding HIPPA Complaints, visit:    http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html NOTE:  This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response. ... Read More

It sounds like you father received substandard care, but in the end analysis, the nurse may have avoided further damage when she intervened and took him out of the waiting room. If your father did not suffer from permanent problems related to the delay in treatment, he probably does not have a financially viable malpractice case.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

I believe what you meant to ask is whether or not the loan in question is dischargeable in bankruptcy.  When you say "file on", I don't know what that means exactly.  All assets and all debts must be listed in any bankruptcy case.  Whether or not they are dischargeable depends on the type of debt and whether they fall under one of the exceptions to discharge set forth in 11 U.S.C. 523. Debts incurred through fraud are not dischargeable if the creditor timely files a complaint and prevails at trial proving the fraud.  Taking out a loan without the intent to repay has at least some of the required elements of fraud.  Thus, a loan taken out within 30 days prior to filing a bankruptcy case certainly raises the issue of intent to repay, unless something happened during that 30 days which caused you to file bankruptcy (such as an unexpected job loss). Whether and to what extent this is really an issue in your case depends on the amounts involved, the pattern of previous loans, and which chapter of bankruptcy you file. You need to have a consultation with an experienced bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

Context matters. As a general matter, it is perfectly "legal" to use anyone's logo or brand indicia in a film, without permission, as long as it is done in a manner which does not falsely suggest the endorsement or sponsorship of the film or the producer's products by the trademark owner. For example, it is entirely possible to have your hero drink Beefeater or 7-Up in clearly identified containers. No permission is required. It is not really clear what interest you may think is being protected, but trademark law doesn't preclude all use of the trademark owner's mark by others. Sometimes, in an excess of caution, such permissions will be sought. They are nearly universally granted.... Read More