Delaware Recent Legal Answers from Lawyers

Your question is not a matter of immigration law but rather family law. You should speak to an experienced family law attorney about obtaining custody of your child and enforcing the order overseas.  You have no say in whether your spouse keeps her green card, but if she has stayed outside the United States for more than a year she is presumed to have abandoned her residence.... Read More

The listing "John Doe d/b/a XYZ Co., LLC" is naming only one defendant, John Doe.  It is saying that John Doe is doing business under another name, but is not recognizing that the other name is an independent legal entity.  While only John Doe would need to appear, it is likely that one of John Doe's defenses will be that he is not personally liable on the plaintiff's claim, but rather the claim should have been brought against XYZ Co. LLC, which, assuming it is a valid LLC, is a separate legal entity.  Owners of separate legal entities, such as shareholders of corporations, limited partners of limited partnerships, members of llcs, etc., are not generally liable for the obligations of the entities they own, even if they are the sole owner of those entities.... Read More

This is a complicated matter. You were previously issued a green card. CBP sought to have your residence revoked due to abandonment. You were placed in removal proceedings but it is not clear what happened. You really need to have a consultation with an attorney. This is not a question easily answered on a public forum. ... Read More

I think this driver should lose his/her job, and that is the likely result if you complain to his/her employer and/or the school.  It is even possible that the driver has committed some sort of crime, involving neglect of children in his/her care, and you may want to pursue that with the local District Attorney. However, I don't think you have a claim for negligence, because such a claim generally requires actual monetary damages.  For example, if a driver runs a red light and hits your car, you can sue for negligence and possibleycollect damages for the damage to your car, your medical bills, pain and suffering, etc.; if the same driver runs a red light and misses you, you have no civil claim for negligence, although the driver could potentially still be prosecuted for reckless driving.  That could land the driver in jail, but puts no money in your pocket.  Fortunately, your daughter is safe and you have no monetary damages. In rare cases, you can sue for negligent infliction of emotional distress even without monetary damages, but I don't think that you would be able to pursue that claim because you were not in the "zone of danger" for the negligent conduct, although you should check this out with a Delaware lawyer because the elements of such a claim may be different in Delaware than in the jurisdictions in which I practice.  If your daughter suffered emotional distress, you may be able to raise a claim on her behalf, but it will be difficult to show that a 5 year old really suffered such distress and, moreover, the litigation could be hard on her as I believe she would have to testify. All that being said, although I think that your claim is weak, I would think that the bus company would be anxious to avoid bad publicity and might be willing to settle your case for a sum of money even if it thought it would win in court. ... Read More

If your operating agreement does not address transfers (which would be very unusual; many llc's don't bother having operating agreements, but if they do bother they usually address this common issue), you can assign your interest without the consent of the other member.  However, under Section 18-702 of the Delaware Limited Liability Company law, the assignee does not become a member.  The assignee gets to share in profits, but doesn't, for example, get to vote on matters affecting the company.... Read More

The vehicle being titled in your name is a very strong piece of evidence in your favor. This will very likely win the case for you, if he does actually file a lawsuit. You will also need to reject his claim that you had an agreement to pay him back for the car. He is trying to claim a contract exists between you two, and you just need to show proof that there is no contract. He may be able to file a lawsuit against you, but it is unlikely that he will win.... Read More

There is such a thing as TOD accounts in Delaware. If the accounts in this case were titled that way, then the accounts indeed passed directly to your brother. You should ask to see proof of that - it is risky just to take someone's word and assume they are correct.   If she had a Will, then the person in possession of that Will is required to file it with the Register of Wills within 10 days of the date of death. If your brother refuses to do that, then you yourself can apply to be representative of the estate and to handle the assets.... Read More

The terms of the license agreement appear somewhat contradictory. On the one hand, A agreed not to sue for the manufacture of the Licensed Product, and on the other hand, A has exempted a patent covering a method of making the Licensed Product. If viewed consistent with each other, B can manufacture the Licensed Product so long as the Licensed Product is not manufactured by the method of the unlicensed method patent.  However, a problem arises if the Licensed Product can only be manufactured by the method of the unlicensed method patent, and not enough facts exist to determine whether the right to manufacture the Licensed Product implicitedly gave a license under the method patent given that it appears from the statement of facts that the existance of the method patent was not disclosed by A to B.... Read More

Tax-deferred retirement funds are usually exempt under both state and federal bankruptcy exemptions. If your REIT investment is just part of the portfolio in a tax-deferred retirement account, then it too would be exempt. If it is not contained within a retirement account, however, it would be considered an asset in a bankruptcy.... Read More

You're asking whether elected legislatures can legally enact legislation which, although it doesn't violate either the State or Federal Constitution, is stupid.  I don't mean to be flippant, but the answer is self-evident UNLESS Milton's proposed law violates either a Delaware state law or a Federal law, either of which would have priority.... Read More

Your wife should file the I-130 petition for alien relative in the US, which petition should be approved by U.S.C.I.S., and then go through processing at the National Visa Center in the US before being transferred to the home consulate or embassy for your daughter to be interviewed and issued the immigrant visa. The process takes approximately one year.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More