West Virginia Recent Legal Answers from Lawyers

HIPAA prohibits the disclosure of private medical information without the patient's authorization.  However, you don't really give enough information to determine whether there has been a violation here.  First, we need to know where the medical records were kept.  If they were being maintained by your employer, then the employer has an obligation to maintain the confidentiality of the records.  We also need to know who "disclosed" the records without authorization.  For instance, if your medical records were being maintained by your employer (and I would be curious as to why an employer would maintain detailed medical records regarding employees unless the employer is a health care provider), it would be a violation of HIPAA for the employer to disclose the information.  You indicate that someone "found" the records, so we don't know whether the records were disclosed by the employer.  About all we can say here is that any entity which maintains detailed medical records concerning an employee has an obligation to keep those records confidential unless the employee/patient authorizes their disclosure. ... Read More

If you are concerned about potential liability, you may want to retain an attorney to deal with the other attorney.  You can also always just contact the attorney and ask for clarification as to why he wants to speak with you.  Perhaps a quick telephone call will provide him the information he needs without him having to depose you.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

If you don't agree with a change in schools, then you should take the matter to court to have a judge decide.  However, keep in mind that if your ex-husband is the primary custodian and he has moved out of the school district, the school district's rules will prevail.  Most school districts will not allow a child to continue to attend there if the primary custodian does not live in the district.... Read More

Not true, for the most part.  However, if she becomes a significant parent figure in your son's life and she and your son's father separate, she may have the ability to gain some form of custody.  But, it is certainly expected that your son's father would involve her in HIS decision making, and then you and he decide together on what is in your son's best interest.... Read More

I'm assuming that this issue is not addressed in your agreement.  In my opinion, you do have the right to know who is watching your child, but if he is not giving you that information, the only choice you have is to bring the matter to court.  I don't know that you need to be involved in the decision as to who he chooses, but if the two of you can't agree on this, you will need to go to court and let the judge decide how much input you should have.... Read More

You need to consult with an attorney who practices trademark law. The fact that the parties' two marks, standing alone, are substantially identical does not establish infringement. The attorney would need to understand when your predecessor in the current business began using the mark, what the companies' respective products or services are, whether they compete with one another, etc. If you want to speak about this on a professional basis, please call my office at (203) 399-1320 during business hours.... Read More

A Will’s purpose is to state a person’s wishes for how he or she wants property handled when he or she dies. Until the person dies and the Will goes through probate in court, it is only a statement of wishes. During probate, the judge issues orders for handling the property and that is what makes the wishes enforceable. Has your grandfather died? Has his Will been through probate? In probate a judge would order transfer of the title to the house out of your deceased grandfather’s name and into the name of whoever the judge decides is the rightful heir. Until that is completed it simply is not your house. If your grandfather is still living, there are reasons your uncle may have the right to sell the house. For instance, your uncle may have a Power of Attorney or guardianship giving him the authority to do what is needed financially, to pay for the care, living expenses or debts of your grandfather. It is difficult to understand when you are expecting to receive an inheritance, but until someone dies there is no inheritance. What property belongs to the person is first to be used while he is alive for his own benefit, including paying his debts and taxes. Inheritances are made of what is left over. Try to approach your uncle in a calm and businesslike way, rather than accusing him of a crime. He might explain what is going on with your grandfather’s property. If you have already accused him, you can simply say that you were surprised and confused and hope he will accept your apology. If your grandfather has died, the court-appointed executor will notify you of hearings and court orders toward getting you whatever you might inherit. During the probate process, you will have a chance to contest activities you believe go against your grandfather’s wishes. If that is the case, be sure you have written proof of wrongdoing and hire the best probate lawyer you can afford. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

You can sue the seller in small claims, as you suggest. You will need to institute the suit where the seller resides or does business. This may be difficult if he is in a different part of the country from you. It will be difficult or impossible to engage the services of an attorney to pursue a claim of this magnitude on a cost-effective basis.... Read More

That depends on a number of different factors, including which chapter they filed, what the basis of your judgment was, etc.  If your judgment was based on fraud, or some other factor that is non-dischargeable in bankruptcy, then you can object to the discharge of the debt in the bankruptcy court and you may be able to just introduce the state court judgment as your evidence.  If the debtor filed a Chapter 13 case, you can file a claim and share in the distribution to creditors.  There may be many other options available, but there is simply insufficient information here to answer your question.  I recommend having a consultation with a bankruptcy attorney in the location where the bankruptcy case was filed. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

Probably not, BUT................. You should understand that any company owned cell phone, computer or other "electronic device" is the property of the company.  Therefore, anything transmitted or received using the equipment is subject to monitoring by the company and you should have no expectation of privacy when you use it.  From a technological standpoint, it would be difficult for the company to "listen in" on your phone conversations, but it can certainly see and monitor and see any text messages, e-mails, photos, "search histories", etc. which are transmitted or received using the device.... Read More

As a general matter, an employee in the United States without an employment contract (and who has not assented to any particular express terms of employment) is employed on an "at will" basis. That means that either party may terminate the employment at any time for any reason or no reason at all. Under such circumstances, the employee is entitled to be paid for time worked prior to discharge or resignation. Under the facts you put forth, you remain entitled to one month's salary. Your state's labor department a lawsuit can be employed to attempt to recover the amounts due.... Read More

Dog bites hurt. Not only do they hurt, they can cause serious muscle and deep tissue injuries, as well as infections that can result in serious health problems for years. If you have been bitten by a dog, you must take the incident seriously. Follow these steps: If it was a stray dog, write down the breed, size, color and distinctive markings. Call the local police immediately and report the incident. Talk to witnesses and get their version of the incident and their contact names, addresses and phone numbers.If it was a pet, ask for all contact information from the owner. Write down the dog's name, breed, distinctive markings. DO NOT engage in negotiations with the owner for an off-the-books settlement. You will not know the severity of the injuries until you see a doctor and receive proper treatment. Once money changes hands, your claim for a serious injury will lose merit with the courts. Report the incident to the police. If it was a friend's or relative's dog, the police will advise you how to handle the legal issues. Talk to an experienced personal injury attorney. Let your lawyer handle the details with the insurance company. In many cases, the pet owner's homeowner's insurance will pay the settlement, with very little financial impact on the owner.   ... Read More

            In a typical auto injury case, the injured person is entitled to pursue compensation for their  past and future pain and suffering, past and future medical bills, past and future lost wages, and their loss of enjoyment of life. If the injuries are very serious and diminish the relationship with a married spouse, loss of consortium (physical and emotional intimacy and services) damages may be awarded to the spouse for those losses they have sustained stemming from your injuries. Finally, if the at-fault driver was intoxicated or was guilty of  grossly negligent behavior, punitive damages may also be awarded in a court of law.                     With each category of damages, however, there are complex laws  and trial court procedures that must be strictly followed in order to prove your  injuries in a court of law.    If you are unrepresented, there will be no one to advise you on the law and to ensure that you have met all your legal obligations -  any failure on your part to follow these strict rules will have an adverse impact  on your auto injury claim.   Remember, only those damages that can be proven in a court of law will be considered for compensation.   You don't need to go at this alone, because there is help available from qualified personal injury lawyers who offer free consultations to discuss your auto collision claim.    ... Read More

The best thing for you to do at this point, and with the limited information  you provided here, would be to make sure you have a full copy of your insurance policy.  If you do not have a full copy or are unsure, you should request a copy from the insurance company.  Be sure to request a full copy with all declarations, exclusions, etc. and request a certified copy, if possible.  Once you have the full policy, read the entire thing -- all pages!  See if there are any exclusions relating to AC units or that would seem to fit this incident.  It all depends on what the insurance policy says.  You could also ask the insurance company to provide you with a copy of the exact exclusion that they are relying on. They should easily provide this information to you and if they don't, you may want to seek legal assistance. If there is a specific exclusion for this incident, then you probably won't be able to do anything.  Best thing to do for now is get and read the policy because it all depends on what it says.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or has been formed by this information.  ... Read More

The important question is whether the deed got recorded.   You should inform the attorney who handled the matter that you are concerned and would like some assurance that the deed was properly recorded.  Ask him if he can obtain a copy of the "recorded" deed for you.  He should be happy to comply - that is a rather small request. If for any reason you do not feel the attorney is giving you the time and attention you deserve, I recommend that you locate the office where deeds are recorded in your county.   You can find out the name and location of that office by asking your attorney, or by going to the county courthouse and asking probably any office employee there where to locate the office where deeds and other public records are maintained.  Go there and I fees certain an employee of that office will produce a copy of the deed if you provide the names of seller and buyer and the approximate date of the transaction.  There will be a modest charge for the copies. Provided a copy of your deeds is on record, it does not really matter whether your original deed has become lost.  A certified copy of the recorded copy is just as good.  But if the transaction was only 2 weeks ago, it probably has just not yet had time to go through the necessary channels to get back to the attorney.  It is probably not lost at all. ... Read More

Whether your father's ex-wife can pursue his 401(k) after his death is, in all likelihood, spelled out in the terms of their divorce property agreement. If the second divorce agreement says the ex-wife gets the insurance death benefit and your father quit paying the premiums, that ex-wife can sue the estate for what she would have been entitled to under the policy, had it been paid as ordered. Your best bet would be to hire an experienced West Virginia estate lawyer to review the divorce decrees; advise you of how things are likely to play out; and, if necessary, defend your father's estate (and you as his Executor) in litigation. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read More

The reach of the government arm is a long one. Although you have an agreement with the Social Security Administration, it was the United States Treasury that would have issued a refund.  The computers wouldn't allow the refund to issue because of the debt owed. Verify with your local office of SSA https://secure.ssa.gov/apps6z/FOLO/fo001.jsp that the refund was applied to your repayment plan, and that you are now closer to paying off that overpayment.    ... Read More

Thank you for your message.  I highly recommend that you find a joint sponsor who can be anyone - relative, friend, co-worker, employer - who is a U.S. citizen or permanent resident.  The joint sponsor does not have to live in your community so a family member or friend living in another state can be the joint sponsor. To determine if the joint sponsor has sufficient income, check the poverty guidelines at www.uscis.gov/files/form/i-864p.pdf for the necessary income levels.  The joint sponsor must count everyone who he or she claims on his or her income tax return plus one more for your husband. If a joint sponsor is completely out of the question, then you need to increase your income or your husband needs to find lawful employment.  Did your husband request a temporary work permit when you applied for adjustment of status?  If so, then his employment is now lawful and it can be counted.  If he did not request a temporary work permit, he should do so.   If you are not able to satisfy USCIS within 45 days, you can ask for an extension, but extensions are rarely given in such situations.  The application could be denied and your husband could be referred to Immigration Court for deportation proceedings.  In Immigration Court, he can renew his request for adjustment of status based on your marriage. I recommend that you contact an experienced immigration attorney to assist you. Good luck, Mark J. Curley Curley Immigration Law Office. www.curleylawoffice.com... Read More

Ordinarily a "guest" is someone who is invited.  Are these people relatives?  Do you reside in the house?  Do they reside in the house with you?  If you do not reside there, did they break into the home?  Are they strangers to you?  You have not given me enough information to respond in any useful way. Certainly, if you own a home and want to sell it, and if someone (even a relative) enters the home against your wishes and tries to thwart your attempts to sell, they are nothing more than trespassers and should be evicted.  Go to see a good real estate attorney in your area. ... Read More

I am sorry to hear about your broken ankle.  Such an injury can take months of rehabilitation including surgery and physical therapy depending on the extent of the injury.  If you believe that your injury was caused by your employer deliberately putting you in a dangerous situation that led to your injury, you may be eligible for compensation.  If you believe that you were fired because of that injury, you should take advantage of the free consultation that most personal injury lawyers offer.  A personal injury attorney will consider the facts of your case and will be able to evaluate whether or not you have a claim against your employer.... Read More

The answer to your question is "it depends." You should consult with an attorney who practices plaintiff's employment law where you reside to discuss the totality of the fact pattern, including such facts as the size of the employer, whether your husband has followed the requirements of law to be entitled to leave, etc. The general rule is that, in an absence of an agreement or specific law to the contrary, employees may be fired at will.... Read More