Litigation Legal Questions

You should make a careful written record with exhibit s. You should 'connect all the dots' so that it is clear what happened. You should provide a copy to everyone involved so that they are on notice as to what happened. You will then have a basis for moving forward. How much is the ring worth ? We can  help you if you have problems. Ed Dimon, Esq. 732-797-1600... Read Answer

You need to find out the status of the case that was commenced 8 years ago.  The statute of limitations is the time you have to commence an action.  If the action was started and you were properly served within the statute of limitations, it doesn't matter how long it takes to litigate the case.  If a judgment was entered against you in the case, the statute of limitations to collect on that judgment has probably not run (in NY it's 20 years, but it may be a different period in Co).  If the case was discontinued or dismissed, whether the plaintiff can bring another case, and if so his time to do so, would differ depending on when and for what reason the case was terminated.  ... Read Answer

Whether a claimed fact is correct or incorrect, true or false, is what trials are for. No number of false claims can create a truth. Either an asserted fact is true or it isn't. None of that applies to opinions or beliefs.  A string of opinions or beliefs might be correct or incorrect, and still lead to a logical sounding conclusion which might be right or wrong. People with firmly held opinions or beliefs can sometimes me immune to the truth. The fact that any of the opinions or beliefs along the string might be correct or incorrect will be irrelevant. Try to make sure which claims are facts and which are opinions.  Dana          ... Read Answer

If the vendor with whom you contracted to provide the material necessary to manufacture the parts in question intentioonally or even negligently misrepresented then you may well have a claim for such misrepresentation and breach of contract. Much would depend on the specifics of any written agreement or purchase orders for that material. Given that the material in question is apparently rare I would hope that any written agreement or purchase orders were very specific in identifying the material to be furnished...Stephan Math (805)300-2097... Read Answer

It's unclear how the friend became the sole beneficiary under the will.  It's possible that your sister lacked the capacity to sign a will or that the friend unduly influenced her to change her will.  You would have to contact an attorney in Sacramento County to help you.... Read Answer

It depends on what the charges were.  If he has been convicted of a felony or a crime of moral turpitude (that is a crime involving lying, cheating, or stealing) then that will put his honesty into question and you bring that up on cross-examination.  It does not mean he is lying, but it is something that the judge or jury can consider in weighing his credibility.  However, if his charges are still pending then you cannot use them against him, as he is innocent until proven guilty.  Of course, if you have been charged with a crime you definitely should have a lawyer and your lawyer should know all of this.... Read Answer

You will need evidence that the jeweler did something to damage the watch.  It is not enough that it worked when you dropped it off and now doesn't work.  They do have certain bailment duties but you will need to be able to prove they did something wrong.   Depending on the cost to fix might be a good case for small claims court where you can get up to $6,000. ... Read Answer

Hate to tell you but 99% of lawyers will not take family squabbles in a probate case on a contingent fee. This is most likely some family member that is target of such allegations, and forgery cases are very difficult to blame on the banks as opposed to the criminal doing the forging. If this is something the estate needs to pursue, then the estate will likely have to hire a lawyer at some out of pocket expense to pursue such claims. ... Read Answer

There is no simple solution here as the facts you provide simply aren't believable. Your son is simply there too often, your neighbors have no idea of what REALLY is going on so they are of little use, and EVERY HOA will have restrictions on visitor frequency, unapproved "move ins" and allowing convicted felons on the property. If that seems harsh, its simply because you are sympathetic to your adult child and others are not. You can imgaine if a convicted serial rapist, home robber and murderer (pedofile if you had kids) visited next door everyday - that is somone's child too - but you would be rightfully terrifiied. If your son needs food and laundry - and you REALLY claim he is not living with you......then the remedy is simple, you go to HIS place and cook and do laundry to help him and problem solved. If the answer is you cant or wont do that - THEN its obvious you are not being truthful about your son's staying with you. ... Read Answer

You agreed to settle your claim against the hotel in exchange for a refund of the amount you paid for your stay.  The question is whether that agreement is enforceable.  Normally, even where a contract is required to be in writing (most contracts are valid and enforceable even if only oral), all that is necessary is the signature of the party against whom the contract is sought to be enforced, or its agent.  Here, you have the signature of the hotel general manager, which would normally be sufficient.  However, some jurisdictions have stricter rules for settlement agreements, requiring, for example, notarization.  I don't know whether Florida has these requirements.  If it does, your contract may be unenforceable, but this could be a good thing, since, if the settlement agreeent is unenforceable, you would still have your claim against the hotel for the bed bug bites you suffered, which I would think is worth more than one free night's lodging. There could theoretically be a quesiton about whether the general manager was authorized to make this agreement on behelf of the hotel, but a person in that position would almost certainly have implied authority and/or apparent authority to do so, even if he/she didn't have actual authority (I won't get into the differences between actual, apparent, and implied authority; suffice it to say that it should be a non-issue.... Read Answer

UM.....no? You are asking lawyers to go do free legal work for you simply because .....well......you woiuld like it. You would not tell plumbers Hey! go design and make a list of the pipes I need to re-do my bathroom and e-mail it to me so I can DIY the project myself and expect that anyone would do that would you? NO. If you want or need such research or information, you will either hire a lawyer or some legal research entity at some expense to provide this information to you. Bear in mind the more expansive and detailed such a search would be - the more expensive it will also be.... Read Answer