Vermont Recent Legal Answers from Lawyers

I assume you actually mean your hearing for disability before the ALJ.  You are not required to have a representative. However if you represent yourself you are expected to know the sequential evaluation process for proving your claim, what type of evidence and burden is required for each of the five steps, what objections to raise to evidence and testimony and to properly cross examine the medical experts and or vocational experts that may be at your hearing.  You must alos know how to present the expected hypotheticals at step 5. Also you must be expected to know how to preserve the record should your case be denied and you must make an appeal.... Read Answer

You can try, but they will likely discover your overstay and refuse to allow you to enter.  You are barred from returning for three years having overstayed more than 180 days but less than a year.  If you have violated the US immigration laws and want to enter the US with a non-immigrant visa a waiver is available.  The section of the Immigration and Nationality Act (I.N.A.) that provides for a waiver is 212(d)(3).  The B2 visa is a non-immigrant visa and this 212(d)(3) waiver is available at the consulate when you apply for the B2 visa.  Here is a link to more information about the waiver process and criteria.  http://www.state.gov/documents/organization/87150.pdf... Read Answer

If he inadvertantly left behind a piece of cotton, that is negligence.  Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further 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.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website. ... Read Answer

It is unlikely that you will have a claim against the state, since the state's position was essentially vindicated by a judge who determined, as a matter of fact, that your son did not meet the applicable legal standard. Nevertheless, you may wish to consider consulting with an attorney to see if any alternative remedies are available.... Read Answer

There are too many different variables to answer the question of what will happen to specific assets, as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because each state has unique exemption laws and a local attorney can determine what assets can be exempted.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

debt negotiation with your creditors is certainly one avenue to explore, but you are in a prime position, due to your income,  to file another bankruptcy case at this time, so you should also have a consultation with a bankruptcy attorney in your area to see if it makes sense to file another one at this time. 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 Answer

There is too much information missing to answer your question, but the short answer is that there is no limit to the number of times a person can file bankruptcy.   There is, however, a limit to whether one can receive a discharge in a bankruptcy case depending on if one was received in a prior filed case, and when that prior case was filed. See my recent article on how many times you can file a bankruptcy and how long in between each one you need to wait. Without knowing what chapter your prior case was, whether you received a discharge, and what chapter you're contemplating filing now, it's not possible to more accurately answer your question. As far as what assets you will or won't lose, that depends on which Chapter you file, the value of the assets, and what exemptions you have available under applicable law.  (Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. ) 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 Answer

You should contact your attorney to walk you through the process.  It may be as simple as filing a motion but your attorney would know best since he or she handled the initial case.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

You should immediately consult a local personal injury attorney to determine where liability falls.  Most personal injury attorneys offer free initial consultations, so it would be in your best interest to discuss your case with a local attorney. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Both the owner of the property where you were and the maintenance company are potentially liable.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  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 Answer

The purchase of a work of art does not transfer the copyright unless there is an express transfer of the copyright in a written document.  The owner of the copyright is the only one who has the right to make copies of the artwork.  You would definitely not have the right to use it in a commercial endeavor such as for the cover art for a Compact Disc recording without the permission of the artist.  I hope this helps. Lawrence D. Mandel Gertner Mandel & Peslak, LLC P.O. Box499 Lakewood,NJ08701 Tel: (732) 363-3333 Fax: (732) 363-3345 www.gmplaw.net   Office Location:                                               1215 E. Veterans Highway Jackson,New Jersey   MonmouthCountyOffice (by appointment only):                   1355 Campus Parkway, Suite 102 Wall,New Jersey... Read Answer

I assume that the state in which your grandmother resides has a Department of Aging.  You should call and ask them to investigate for possible financial exploitation.  You also should consult an attorney in that state.  There may be things you can do through the court system to get information and/or an accounting from those who are controlling your grandmother's finances.... Read Answer

If your son has completed his 10th grade, the school should provide him with his official transcript. Regardless if there is money due, the school cannot hold up your child's education due to an unpaid bill. They can go after you for the legal fees, but would be unjust to hold back the transcripts. Although you may have to take them to court to get them to move forward in providing the transcripts, legally the transcripts are for educational purposes and to demonstrate what your child has done in school on an official level, they're not to be used as blackmail to keep until you they receive payment. Your ex-husbands chapter 7 bankruptcy filing should not interfere with you receiving your child's school transcripts, even if there is still money owed. Although if the contract you signed with the private school when enrolling your child did have a stipulation that they could withhold transcripts until all monies due are paid, this may stop you from receiving the transcripts until the debt is paid. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

To answer your question more correctly, I'd like to ask a few questions first. Do you know if they file chapter 7 bankruptcy or chapter 13 bankruptcy, your question really doesn't refer to it and from your question sounds like bankruptcy hasn't received yet. If the bankruptcy does proceed they've surely will put what they owe you on their bankruptcy and what they owed you will be discharged in a chapter 7 bankruptcy. Since this is a timeshare and nine actual piece of property that you own, you should really contact the company that sold you the timeshare. A timeshare is not a legitimate interest in a piece of property, you don't partially own it, it's just renting. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

What do you expect the COurt to do?  If the Court were to sanction someone by taking away visitation, that would hurt the child as well as the parent and be a little harsh for a single incident.  If this continues, the Curt may do something, but at some point, the Court can not manage everything that happens in a family.  ... Read Answer

Yes. Each state has statutes of limitations that apply to medical malpractice actions, including those that result in wrongful death.  The statute of limitations is different in every state. You should contact a medical malpractice attorney in Vermont to investigate this claim as soon as possible.  They will need to obtain all of your mother's medical records and have them reviewed by a physician that performs this type surgery to determine if there was a breach of the standard of care by your mother's physician.  A good place to look for a good attorney in this area is www.BestLawyers.com.  ... Read Answer

The question is: who owned the Facebook page account--you or the employer? If you were the owner, then you have no problem. If the Company was the owner you could be charged with violations of federal criminal law (and probably state law too). If the company paid you for the time that you created it, it may be considered a work for hire, and the company would own it. ... Read Answer