Civil Litigation Legal Questions

Your question is not uncommon but further details need to be provided to be able to answer it.  How were you harrassed? How were you bullied? And how were you retaliated against?  How were you prevented from doing your job?  Did you hire an employer or emplioyee?  Some of this is confusing the way it is stated.  Please feel free to contact us for further assistance, but only if you can provide more details for us to review.  I wish you good luck.  203.870.6700.... Read More

If they are "on the account" you Aunt will likely have to sue in a civil case to try to recover the money claiming the other person had no right to it. Unfortunately, this will need to take place in AL and the general rule is if there is money in a joint account BOTH people are legally entitled to full use of the money as they choose. ... Read More

Many private schools require the students to be involved in some sort of after school activity. If that is their policy, try to obtain an exemption. If they say no, then your child can either start the activity or your child can attend another school. The school has the right to set the requirements to be allowed to attend the school.... Read More

First, anybody can sue anybody for anything, but whether you have a winning claim may depend on the exact provision of your contract, which are not clear to me.  Was your agreement contingent on his receiving funds from the partnership, or was it just that he was supposed to repay you and the partnership proceeds just happened to be the way he expected to fund the repayment?  If the first, the ocntingency appears not to have been fulfilled, and you would likely not succeed.  If the second, you would appear to have a good claim.  Unless your contract expressly provides (which I doubt) that you can attach his assets even before  you obtain a judgment, you can't do anything with his limited partnership interest until and unless you win your suit, and get a judgment.  After that you may be able to collect from his partnership interest, but that's an intangible asset which, although possible, might be complicated to collect from.  For a debt of under $2,000, you would probably collect easier (once you've obtained a judgment) from other assets, like a car, or other income, like salary.... Read More

A good fence makes for good neighbors.  I would caution vigilance against a potential, future adverse possession claim.  The clearing of land is usually followed by someone erecting a fence or utilizing the cleared area.  If they clear and start using the land, then you may have a bigger issue down the road than just losing some bushes.  I would highly recommend putting in a fence on your property line. At the very least, you should mark the boundaries and send a certified letter.   In this instance, I would suggest that letter be strongly worded and come from an attorney.  ... Read More

You can try to make a claim here bu its likely very difficult to pursue and this has an "assumed risk" defense that when eating foods with pits, pitted or not, is the risk that there are pits. Absent some substantial injuries, a chipped tooth is not a case that most injury lawyers will take on a contingent fee. ... Read More

and now the rest of the story is revealed and more issues arise. As I stated, there is a lot more going on here, especially with added claims of some consipracy with the lawyers. As I stated, you will need to retain a lawyer, in this case likely out of pocket from the other post as it seems there are a lot of disconnected facts and issues in this fact pattern that will likely make most people skeptical about your allegations. Not that it applies, but this has all the trappings of a substance abuse pattern, which is usually the first the the employer will raise as a defense. Hopefully you have no such history or issues, as that will at least help a little in finding a lawyer to handle the case. ... Read More

Not much other than ask the court if you can appear by phone. As this post is just filled with bad decision after bad decision on your part, there is no reason to belive that you will make better decisions in the future, so not having a lawyer represent you may be an even bigger issue. That stated, there is clearly A LOT more to this story and what happens in court will be dtermined when ALL sides of the story come out.... Read More

What is a "depiction"?  Do you mean "petition"?  It depends if it is contested or not, and whether all parties have waived a hearing or not.  Three years is a long time, unless this is related solely to a personal injury case and the law firm held the papers to see if there would be a settlement.... Read More

It sounds as if your daughter has a pretty good case for the cost of repairs (although there may be a limitation of liability clause in her paperwork, which can probably be overcome). Unless Georgia law is very much different than the states in which I practice, however he would not have any kind of claim for “potential danger.”... Read More

There are two bases for federal court jurisdiction, diversity of citizenship and federal question.  In the abstract, if you sue someone in their home state, they can't remove to federal court on the basis of diversity jurisdiction, but could sitill remove if the suit involved a queston of federal law, for example if you allege that your adversary violated some federal statute.  If you sue in your home state, teh case can be removed to federal court assuming that the other requirements for federal diversity jurisdiction are met (e.g. a sufficient amount in controversy)  In your case, however, having already sued in one case, you cannot bring another case alleging the same claims, as it would probably be dismissed because of a prior action pending. ... Read More

Of course you can "ask for it back", but whether you can have a court compel her to return it depends on what the deal was originally.  If the Court finds that you are telling the truth, and you were only lending the furniture to your sister for a period of time which time has passes, you cna get the furnityre back.  If the court finds (as your sister may claim) that it was an unconditional gift, you can't revoke it.... Read More

You should accept the papers.  Doorman service is legal.  If the server leaves them, and says they served you on a service affidavit, the service is legal.  If your tenants never get notice and/or defend cases, they will have default judgments.  Thus, you should take it, and give it to the people.  If a person does not live there, you can refuse it like certified mail.  However, it is up to the lawyer for the tenant to try to undo the service, not you.... Read More

Being a cosigner on the car does not entitle her to possession of the car. Right to possession is determine by the TITLE to the car.  If she is not listed on the title and it is only you on the title, then she has no right to possess the car and she has stolen your car. If you are both on the title, then each of you has an equal right to possession of the car. If she is the only one on the title, then she has a right to possession.... Read More