Wyoming Recent Legal Answers from Lawyers

I assume that the "company" to which you refer is a corporation.  Many corporations, particularly publicly traded corporations, have outside directors who are neither employed by nor substantial shareholders of the corporation.  Outside directors are usually compensated by the corporation, but they take on certain obligations.  Directors have fiduciary duties to the corporation and, in some circumstances, to its creditors.  They also have obligations to investors and potential investors.  If any of these people feels that the director has breached his/her obligations, the director can be sued (although the corporation often has insurance which can cover the attorneys' fees incurred in defending such a suit and, depending on the basis for liability, an award against the director.) ... Read More

That is really interesting. Does the exclusion from walmart continue after the prior retail is over. I would plead not guilty and fight it. I guess if you get the transcript from the hearing to see if it said barred from Walmart forever. I think if she explains her story, she will get a break.... Read More

It is hard to tell you whether you have a malpractice case worth investigating without additional detail, but you certainly have reason to be suspicious given what the doctor said to your wife.  If you want to investigate a malpractice case, 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,  ideally with experience in cases that involve your medical issue. 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 More

I recommend that you get a certified letter from her insurance company advising that she did not have coverage on the date of the accident.  Request that it be put in writing and be a certified document.   If she did not have coverage, you can try to report her for driving without insurance, however, that will not take care of any damages you may have.  If she has no coverage, the only other thing to try is to work it out with her on your own. You can request that she pay you out of pocket for the damages you may have.  Otherwise, you likely will have no route for recovery.  This is why uninsured motorist coverage is important.  It protects YOU against other drivers who are uninsured or who may be underinsured (have less insurance than you).  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.  ... Read More

With a prior felony conviction, possessing a firearm would expose you to being arrested and charged with a federal felony of being a convicted felon in possession of a firearm, under 18 U.S.C. Section 922(g), with a potential federal sentence of up to ten years in prison. So, regardless of what Wyoming (as a state) might permit, the feds prohibit you possessing a firearm.... Read More

Arbitration is by agreement.  If the contract provides for mandatory arbitration, you would be required to arbitrate unless the other party or parties agreed to go to Court.  Conversely, if the agreement did not require arbitration, you couldn't arbitrate unless the other party or parties agreed to arbitrate.  Usually an agreement to arbitrate would have to be explicit; I have my doubts whether an agreement which provides that disputes shall be resolved in the usual manner would be enough to allow you to compel another party to arbitrate.  If you go to Court, the Court will apply the proper law to resolving the dispute (probably the law of Wyoming, uless there is some jurisdiction whose law is more properly applied), not rules of arbitration.  You can have an agreement with a choice of law provision (i.e. "this agreement shall be construed in accordance with the law of the State of New York"), and usually such clauses are enforceable, but you don't say that there is such a clause in the agreement. Also, although I am not specifically familiar with the arbitration "law" to which you refer, I doubt very much that it contains any substantive "law".  Arbitration rules usually deal with procedure (i.e. the respondent shall have 30 days to respond to the claimant's claim, no discovery will be allowed, there will be a panel of 3 arbitrators, each party will pick one and the 2 picked with choose the third, etc.) not the substantive law (e.g. whether an agreement has to be in writing, how a contract is to be construed, etc.)  Arbitrators normally try to apply the same law as a Court would.  As for procedural rules, a Court will apply its own rules of procedure to any dispute, not the rules of any arbitration association.... Read More

You are correct in that the "quit-claim" deed did transfer any ownership in the property to your wife. She may have done this as part of an Estate plan. If she did not reserve to herself a "life estate" in that deed, your wife is free to dispose of the property any way she likes and keep all the proceeds. There is no legal obligation to pay any money although you may feel an ethical one to do so.... Read More

In the federal district of Wyoming, a federal misdemeanor possession likely would be charged pursuant to 21 U.S.C. Section 844. Normally, conviction of federal "simple" possession carries with it a statutory sentence of a term of imprisonment of not more than 1 year, along with a statutory minimum fine of $1,000, or both, "except that if [the person] commits such offense after . . . a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, [the person] shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 ***." In federal court the prior state conviction need not be "charged" as a second offense, but instead, in order to sentence with the enhanced penalties just quoted, the federal prosecutor will need to establish the prior state conviction's existence pursuant to the procedures set forth in 21 U.S.C. Section 851.... Read More

If a controlled substance was not taken as evidence, you cannot be convicted of possession of a controlled substance. Unless, the officer saw you in possession and can swore on the stand that he positively knows it was a controlled substance. However, a good attorney could make sure that would not stick.... Read More