Louisiana Recent Legal Answers from Lawyers

A green card holder can sponsor her spouse and he can process at the US consulate overseas. A fiancée visa is not available for a green card holder to sponsor their boyfriend or girlfriend. Additionally, your income of $2,700 per month will be sufficient to sponsor your husband if your household size is 2 people. ... Read More

sue in a court of general jurisdiction appropriate to the amount of damages so far, seeking recompense for the damages and an injunction that the tree must be removed or that you must be recompensed after you remove the part of the tree that is encroaching on your property. Criminal and code enforcement are probably also telling you to take it to court.... Read More

Regina.  Do you still need counsel for this case. My office is still interested in helping you 407-581-2581   You may be able to bring a claim against your stepmother for the wrongful death of your father. You should have a private phone consultation with a lawyer, about the facts and circumstances surrounding this tragedy. If it looks like there's a case, then you should retain an attorney on contingency fee, which means you don't pay anything unless you win the case. Do you have evidence to establish that your stepmother neglected treating your father with food water and medicine for 3 days? Or is it just your gut feeling?  Stephen Black, Esq. (407) 581-2581... Read More

Anybody can sue anybody for anything, but given that you (presumably not YOU but your LLC) are offering a full refund already, and assuming that this customer did not suffer any additiional damages beyond what the LLC is offering to refund, there seems to be little pont to rthe suit.  She can ask for whatever documents she wants, but if the llc doesn't have them, it doesn't have them (although you coudl be sanctioned if the court believes that you destroyed relevant records deliberately, but again, since you are offering a full refund, why would you do that?)  Assuming that you operated your LLC correctly (e.g. not commingling funds with your personal funds, etc.), you would not be personally liable for its obligations.... Read More

There are two difficulties with your plan. The first is that coming to the US and immediately trying to change status to H-1B could raise questions concerning your actual intent under B1/B2 when you came in, and whether it was inconsistent with the type of visa under which you entered. The second is that there is no separate form to change status for persons who already have approved H-1B petitions marked for consular processing. Your petitioner would have to file the H-1B petition all over again in a H-1B amendment requesting change of status instead of overseas processing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

If, as you say, you are not bound by any non-comepte agreement, and did not sell any part of this business to your current employer (in which case a non-compete can be imposed by law) you have every right to compete with your former employer.  HOWEVER, you can't use any trade secrrets or proprietary information you learned in your employment.  For example, if you know how much your current employer is bidding on a proposal and use that knowledge to undercut the bid and get the job, that would probably be considered unfair competition.  Things like customer lists, costing and markup information, etc can be considered trade secrets depending on whether you learned it in the course of your employment, how much time and money was spent by your employer to acquire that knowledge, the extent to which that knowledge is not publicly available, and the extent to which your employer takes care to keep the information secredt.   As for trying to circumvent your obligaqtions through the subterfuge of using somebody else's name, you can't do indirectly what you are prohibited from doing directly, and if you're caught you will look worse.... Read More

If you decide to press charges, the state of Louisiana would pay the court costs to bring the perpetrator to justice. You may be entitled to a victims compensation award. Most states have victims compensation funds that distribute certain monetary benefits to victims of violent crime, which obviously you are one. So contact your state victims compensation fund in Baton Rouge to discuss whether you can qualify for those benefits.  ... Read More

Is it a condition of the custody agreement or decree that your wife have a valid license?  If not, you must drop off your child as agreed/ordered.  You can certainly make clear to your ex that you would consider her driving with the kids while her license is suspended (I assume that is what you mean by "blocked") to be neglect and would take action to modify coustody if you find out that she has done so.... Read More

Assuming that the owners own the place individually and not through an entity (for example, if all five were partners in a partnership which owned the property) and that Louisianna law is the same as the states in which I practice, the other owners can evict the non-paying owner from being a tenant, but that doesn't change his status as a partial owner.... Read More

Your personal loans secured by collateral can be included in your bankruptcy case. If you file for Chapter 7 relief, you will have the options of reaffirming the debt (continue to pay as if no bankrutpcy was filed) or redeeming the collateral (make a single lump sum payment for the current fair market value of the collateral).  Redemption is really the way for you to go. Use E-Bay valuations for the personal property you put up as collateral and you should be able to buy it back pretty cheaply. ... Read More

You can apply and, if necessary, ask for a reconsideration and redetermination, without a lawyer at www.ssa.gov.  Eligibility turns on residual functional ability, ability to do a job (not just your regular job) with an eye to age and education.  It could take several months to be approved -- or denied.  This is true whether you apply or hire someone to apply for you.  The key is to be polite, persistent and prompt.  You only need an attorney if, after applying for reconsideration and redetermination, you must appeal to an administrative law judge.  You can find one on the website of the National Organization of Social Security Claimants Representatives.... Read More

A Will probate or succession must be opened with the court and a bank account for the estate created pursuant to court order.  The person whom the court appoints to administer that estate can then deposit all of the decedent's money in it, pay all bills out of it and distribute the rest according to the Will or, if there is no Will, according to the laws of succession.... Read More

Absolutely not. Under Rule 1.2(a) of the Rules of Professional Conduct set out by the American Bar Association, which every attorney is bound by, "[a] lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation", but "[a] lawyer shall abide by a client's decision whether to settle a matter." The decision to accept or reject a settlement is solely the decision of the client. The attorney must convey all settlement offers to the client and, if the client expressly authorizes the attorney, they may accept a specific amount for the client, but the decision is the client's. Now something else to consider, if the accident occurred on November 21, 2019, under Louisiana law a lawsuit for tortious injuries must be filed within one year of the accident or injury to preserve the injured party's right to recover. So, if the suit has not yet been filed, it should be filed as soon as possible. If the suit is not timely filed, the right to recover damages will be lost. Could it be that your attorney is calling to have you sign a verification of a petition to be filed?... Read More

Your grandmother can make a new Will.  A new Will automatically revokes any previous Will. Please note that a Will has no legal effect until a court admits it to probate (proving). Please also note that a "living Will" is actually an advance directive to physicians stating what you want to happen as you approach death. Maybe your grandmother signed something else which needs to be revoked.... Read More