General Practice Legal Questions

That doesn’t seem to make sense.  Are you sure your uncle didn’t apply to become the administrator of your father’s estate, which has nothing to do with being beneficiary.  At any rate, if you are against your uncle’s application, file opposition to it.  You may want to consult an attorney. ... Read More

These cases are fact specific. I have one right now against a major media company. You may have several causes of action. One may be for commercial misappropriation if your name or likeness is being used to promote a service or product, if this is happening without your consent. Discuss your case with counsel here in Florida. ... Read More

The answer to "can I sue" is always yes, but to win you would have to prove that the problem was caused by the butcher company's negligence, rather than, for example, a, the pig being sick or a problem with your refrigerator.  You should also check your contract for provisions which might limit liability and/or provide for mandatory arbitration.... Read More

If the house is titled in the name of you, your sister, and your step-brother, not in the name of either of your parents, their deaths should not affect any of your rights relating to the house.  Your rights depend on many factors, however, including (a) if there are any agreements between  you as to the house and/or the division of income or sales proceeds from it; (b) in what capacity title is held - are you all joint tenants, tenants in common, do you all own equal shares, or is title  held in a more complicated fashion; (c) whether there are any liens against the house or any creditors or third parties who claim in interest in the house; and, very rarely, (d) whether any of the titled owners are not, or someone claims that they are not, the true beneficial owners, i.e. that they held title as a nominee for someone else.  Also, what rights are you talking about - rights to live in the house, rights to share in the income or sale proceeds in the house, rights to decide what to do with the house, rights to evict the other title owners and/or to charge them rent for living in the hosue, etc.  ... Read More

Not based solely on the facts you've described, as you have no way of  preventing a licensed adult from driving.  He has no olbigation to listen to you, you have no right to take his keys or his car.  Theoretically you could start a court proceeding to have him declared incompetent and yourself appointed his guardian, or notify the police to be on the lookout for him as a dangerous driver, but you are not obligated to do so. Also theoretically you could try to get his insurance company to drop his coverage, which would make it illegal for him to drive, but again your are under no obligation to do so. There are circumstances where you culd be liable.  For example, if you were his legal guardian, or if he was driving on your behalf (i.e. to do an arrand you requested that he do), or if you entrusted him with your car, etc.... Read More

That depends on whether the state where you live has any basis to exercise jurisdiction over the Georgia attorney, which would depend on what contacts the attorney has with the state in which you live - does he/she do business in your state?  Advertise in your state?  Own property in your state?  Is he/she admitted to practice law in your state?  What, if anything, does the retainer agreement say about jurisdiction/venue?  Does it have an arbitration provision? Unless you're sure that your state can exercise jurisdiction over the attorney, you're safest bet is to sue in Georgia with a Georgia attorney.... Read More

Well, the insurance company may be in breach of its settlement contract.  But your question gives no indication of the time delays involved. That is important.  How long ago did you settle?  Did the attorney give notice to the BMV, and if so when?  There is a pandemic and things are slow due to reduced staffing and remote work. So you need to determine where the holdup lies.    You can contact the attorney's office for information, but you may need a little legal help if you don't get any results. You have a right to your driver's licence and excessive delays are inexcusable.    I have 40 years of practice in this area and would be glad to offer you a limited representation arrangement to get this done. Just let me know.   Jim Schuller, Attorney 5740 Park Center Court, Toledo, OH 43615 419-535-0311... Read More

If I understand you correctly, your attorney has moved to withdraw from the case.  If the motion is granted, he should be ordered to return any part of the retainer which has not yet been earned, but I doubt very much that he has earned nothing.  I'm sure, for example, that he has devoted time to learning the facts and relevant evidence in the case, whether he has used that knowledge yet or not.... Read More

To "press charges" means to go to the authorities (police, district attorney) and ask them to pursue criminal claims against the driver resulting in criminal penalties, i.e. jail.  That can only be done in Mississippi, where the crime occurred.  You may be able to file a civil suit for money damages in Oregon, but only if there is some basis for Oregon to exercise personal jurisdiction over the driver, i.e. he owns a home there, he regularly does businesss there, etc.... Read More

Any dispute with PayPal will be governed by the PayPal terms and conditions available here: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full It appears any disputes will need to be resolved through arbitration under the AAA rules. You should consider hiring experienced arbitration counsel to help you prosecute your cliams in this arbitration setting. Russo Law www.russolaw-llc.com info@russolaw-llc.com 929-262-1101... Read More

California law may be different (it often is) but in the states in which I practice this claim would be taken care of in the divorce.  You would claim that your husband's actions constituted a waste of marital assets and that all costs should therefore be charged to him when dividing up the marital estate.  Although California is a community property state, I would be surprised if it did not have a similar mechanism for addressing such a claim in a divorce action.  Still you should consult a California matrimonial attorney.... Read More

If I understand you corectly, these people were staying with you, so they could have stolent the stuff at any time.  Also, if I understand you correctly, had you been there you would have let them in, and if the maintenance person had called you, you would have consented to him giving your friends a key.  If I were the judge, I would not hold the complex responsible, but some judge may be more favorably disposed towards your claim.  However, at worst, the apartment complex is responsible for a loss of under $100 while your friends owe you about $500.  Why don't you sue them?  In fact, you could report them to the police for their theft.    ... Read More

NJ has strict gun laws and the statute includes'guns' which may not be thought of as 'guns'. Two examples are air guns and tasers. There are also different laws for gun ownership and the right to carry in NJ. These laws are strictly applied by the courts. We have just done two cases where the defendant received five years in prison and one year of parole ineligibility. These were for gun possession. Please call if we can help you. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

You are not liable to reimburse the grandparents just because you paid part of the expenses, but clearly there is more to the story.  Do the grandparentsclaim that you caused the need for the medical expenses in the first place, for example if the person slipped on a loose board in your house?  Do they claim that you are contractually obligated to pay the expenses, for example an employer may agree to cover certain expenses?  Are you the person's spouse or parent, who might be responsible for their expenses in some circumstances?  In these or other circumstances you could be responsible.... Read More

You are allowed to "ask" for anything you want, and if the school district refuses you can sue it.  If you can prove that your son contracted salmonella from food he was fed by the school, you would have a good chance to win, but to prove it you're going to need more proof than a newspaper article saying that there had been cases of salmonella in the district.... Read More

Yes if you were attacked in Disney World, you may have a case. More facts are needed. Florida courts have exclusive jurisdiction if it happened here in Orlando, so you can contact a Florida lawyer here in Orlando like myself. We can not solicit your case so you have to inititiate contact. Good luck and thank you.    Stephen Black, Esq.  Attorney at Law Orlando, Fl. 407-581-2581... Read More