Kansas Recent Legal Answers from Lawyers

Assuming that Ken made untrue factual statements about you, rather than statements of opinion (for example, that you called in sick more than a dozen times last year would be a statement of fact; that you had an annoying personality would be a statement of opinion), you would seem to have a good claim for defamation.  If what Ken said reflected on your qualifications as an employee, you may not even have to show actual damages (i.e. prove that you lost a job because of it) as such statements could constitute slander per se.... Read More

Great question, because you are right, the concept of fairness should always be considered in divorce actions. Many areas of the law come into play when divorces are filed and litigated. Always remember that the debt/liability contracts that existed before the divorce was filed still must be considered and be dealt with during and after the divorce. In your car loan example, the car loan company can pursue any party or parties who signed the loan contract, because the loan company did not grant credit conditioned on the parties staying married. In most jurisdictions, the divorce court can order one or both divorcing parties to actually make the loan payments, but the loan company can still pursue one or both of the parties who signed the loan contract if the payments are not made. The situation can get even more complicated when bankruptcy is involved. Generally, the divorce court will not make financial decisions based on who filed the divorce, because there are too many reasons (good or bad) why one party may or may not have decided to be the one who files.... Read More

If your brother stole a check made out to you, he stole your money.  Homelessness has nothing to do with it, nor do civil liberties.  Your brother appears to have committed a crime.  Also, if you want to sue him in a civil suit, he appears to have committed the tort of conversion.... Read More

No, you are not required to voluntarilly provide such information as " the date of the sales, quantity, price, and name and location of customer made by you or for you- ". Of course, should they institute litigation, they may be able to obtain such information via discovery. In this case, since you have terminated all of the acts they have complained of, it is highly unlikely that they would institute litigation since the costs could exceed anything that they might hope to recover assuming that you have not had a hugh volume of sales and they might not even be correct in their assertions of trademark infringement (you have not indicated whether your mark was  identical to theirs and for essentially the same goods, or whether you had prior knowledge of the other party's trademark).... Read More

You probably do not have a financially viable medical malpractice case. But,  "according to K.S.A. 65-2837, it is 'unprofessional conduct' for a physician to fail to transfer records to another licensee when requested to do so by a patient or his or her representative. Therefore, if a patient requests medical records be copied and sent to another health care professional, the records should be copied and sent without waiting for payment from the patient. The patient may be billed for the copies, but delivery of the records to another health care professional should not be delayed."  Call the Kansas Medical Society, who will no doubt contact the medical provider and explain the consequences of not complying with this requirement: Kansas Medical Society623 SW 10th AvenueTopeka, Kansas66612-1627 785.235.2383 (Voice)800.332.0156 (Toll Free)785.235.5114 (Fax) Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.   ... Read More

Of course you would want the llc to enter the lease, not yourself personally, and of course your landlord wants you personally (and your wife) on the lease (or at least personally guaranteeing it.)  This is a matter for negotiation.  Will the landlord accept the llc as tenant, with no personal guarantee?  Are you willing to make yourself (and your wife) personally responsible for the lease?  Can you agree on a middle ground, for example, the llc enters the lease but pays a 6 month security deposit, or you guarantee the llc's lease, but only up to one year's rent, etc.... Read More

Kansas law allows the party who files a Petition for Divorce the unique opportunity to see ex parte Temporary Orders. If the proposed Temporary Orders are reasonable and comply with Local Court Rules, the judge will likely grant Temporary Orders to control the actions and responsibilities of the parties while the divorce is pending. The signatures of both parties are not required to make the Temporary Orders binding.... Read More

Yes, and if the Court believes your testimony rather than your daughter's (she will no doubt testify to a different version of events), you will be awarded damages.  The amount of damages, however, might be difficult to prove since you have no bills for cleaning services, etc.  Also, being awarded damages doesn't mean that you can collect.  If your daughter can't afford gas, she may not be able lto pay any judgment.... Read More

U.S.C.I.S. allows multiple H-1B petitions for cap cases for the same individual as long as the petitions are not by the same employer. Multiple filings by the same employer will cause cancellation of all petitions. 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

Hi. He may qualify based on 3 years of residency. But, I would need to review the exact time he was out the last 3 years. This will work once you are married for a full 3 years. If he processes by 5 years, here is the general rule: 1/2 time in last 5 years in the US and No one trip over 6 months. Can you provide more details on each trip?   Hi. Sorry, but this message is too old to allow me to respond directly. If you are in the US, please call me to review: 858-874-0711.... Read More

In Kansas, a child cannot make legal decisions, so a child cannot decide with whom he or she is to live, or spend time. Nonetheless, as a child gets older, Kansas law allows the child's wishes to be considered in those decisions. A guardian ad litem may be appointed to represent the child's interests, or a child custody evaluation may be ordered. Consult an experienced family law attorney in your area.... Read More

The Chapter 7 Trustee can take a portion of your 2013 tax refund. For example, if you filed-on October 1st, nine of the twelve months had gone by, or 9/12 = 75%. The Trustee could take 75% of your income tax refund. Normally the Trustee doesn't declare your case an "asset case" unless he or she can get at least $1,000 or more from you. Also, certain parts of your tax refund might be exempt. Like Earned Income Credit or Child Tax Credit. Hope this helps. Good luck!... Read More

As a personal injury lawyer in Baltimore, MD, I am familiar with your auto insurance question.  Whether the insurance policy follows the car or the driver is a common question that differs from jurisdiction to jurisdiction and from policy to policy.  A lawyer can subpoena his policy to investigate whether his coverage applies to your situation. Fortunately, even if he is not covered, you may be able to include the rental company in the lawsuit.  If the company allowed the person to drive without first making sure he signed a rental agreement, then the rental company may have negligently entrusted the vehicle to him.  Or, he may have been an employee of the rental company, and operating the vehicle as an agent of the company.  In either case, the rental company could be liable for your damages.  So consider including the rental company as a defendant in the lawsuit. You will need to retain an attorney to fully investigate the matter.  For future matters, here is a list of what steps to take after a car accident.... Read More

Unfortunately a denial for a false claim of U. S. citizenship on or after September 30, 1996, is a permanent bar. Having the I-9 corrected does not mitigate the ground of denial. If the false claim occurred prior to the stated date, you may be able to apply for a waiver of misrepresentation based on extreme hardship to a U. S. citizen or permanent resident spouse or parent.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

Anywhere from 33 1/3rd to 40% is fairly standard.  Especially with medical and/or product liability cases, the fee is often 40% because the cases are more difficult and take more time and expenses.  However, you can always call around to see what other lawyers fees are in the area.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client privilege exists or is formed by this response. ... Read More

Your brother can sue, because anyone can sue for anything, but whether you can get his case dismissed based on the prior ruling depends on two things.  First, was his earlier case dismissed on the merits?  If it was dismissed because, for example, the Court held that the statute of limitations had passed on his claims, that would be on the merits.  If it was dismissed, for example, because the Court held that he had not properly served you, that would not be on the merits, and he could sue again.  Second, assuming that his earlier case was not dismissed on the merits, has the statute of limitations has run out in the interim since the first case was dismissed.... Read More

We sell package called the Five Pillars of Protection that we can use to provide answers to your situation and provide you legal counseling on what is and is not fair use or copyright infringment.  I'll be able to guide you through what's OK and what's not OK. Looking forward to your reply. -Paul Contact info... Read More

Since you entered the country illegally, you would not be able to adjust status to permanent residence in the U. S. You are a candidate for the Administration’s I- 601A program under which your husband would file an I-130 relative petition on your behalf, and upon approval, you would file an I- 601A application for provisional waiver of illegally staying in the States with U.S.C.I.S.  If U.S.C.I.S. approves the waiver (which is based upon establishing extreme hardship to a U. S. citizen spouse or parent), you would then consular process your case at the American consulate or embassy in your home country. The interview would usually be a normal interview since you would have already obtained a waiver of the 10 year bar for staying illegally in this country. There is also a possibility that you may be able to adjust status if you are able to obtain an advance parole to leave the U. S. and reenter legally on parole status. That is not a certainty at this time, however.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