Litigation Legal Questions

From a starting perspective I am curious as to how this type of case has "mushroomed" beyond your existing lawyer's "capability and expertise"as what you described is failry straight forward. Having handled issues like this in the past, I suspect the actual circumstances are that YOU want to mushroom it to such levels and the existing lawyer, is not willing to do so presumably for financial reasons, but is reying on the "not my area" as a politically correct means of declining the escalation you seek. To the extent you are looking for lawyers to take on such a case on a contingent fee, you are most likely to be very frustrated and sorely disappointed. These type of Hatfields vs.McCoys disputes, especially when they expand tocivil rights allegations, physical attacks, religious discrimination, etc., will typically need to be handled on an hourly rate/retainer basis and if you are not committed to the potential of spending tens of thousands of dollars out of pocket to fight such a battle you REALLY need to consider whether it should be started let alone escalated. This is especially ciritical if you expect to involve more tan one lawyer in the cause whcih may have varying agendas and fee payment issues. ... Read More

The simple answer is that the Trust is the party that has the necessary standing to bring the suit for the breaches of trust.  However, in this case, because the "bad-actors" are - NOW - the Trustees, they are never going to sue themselves.  As a result, the beneficiaries, how are not in control or who are not the bad-actors, essentially, "move-up" or "step-into-the-shoes" of the Trustees for purposes of suing the Trustees for breaches of fiduciary duty.  It appears that case has or cases have already been filed.   If you have an interest in the Trust - meaning, you are an "interested person" in the trust - then you have a right to be heard in both lawsuits and should enter your appearance, so you can be heard. Obviously, the size of the trust will determine how much you should spend, but, typically, people to do not steal from trusts that have little to no value. If you need assistance, call us today. Sincerely, Kevin Spencer (214) 965-9999 www.spencerlawpc.com ... Read More

The answer to your question is yes, but the larger issue is whether you should. Rather, you should be making a claim against them and/or their insuraance carrier for the incident. Insurance companies treat this cases with great suspicion, due to the ability for individuals to make fraudulent claims. Save the particles that were in your food or drink and preserve the evidence. Send the insurance company copies of your medical bills and records from the incident. They will probably either deny the claim altogether or make a pittance of an offer. You will need to decide if you want to accept it, or proceed by suing them at some point. Should you make that election, the statute of limitations in Wisconsin for personal injury is three years. Under 893.54 failure to file a lawsuit within three years from the date of the occurrence will forever bar the claim. You could also in theory, file a small claims lawsuit against McDonald's and their insurance  company, ratherr than hiring a lawyer to pursue the case for youl that decision is obviously totally up to you.  ... Read More

The proceeds of a class action suit go to the attorneys, and the members of the "class" in accordance with their respresentation.  You can't start a class action suit and limit the members of the class to the shareholders of a company.  If that's the class, you just bring a litigation inthe name of the company. ... Read More

Funeral home is not responsible for probate issues or the actions of a "common law" wife or girlfriend falsely claiming to be lawful wife. There is likely no legal action against funeral home when there is a dispute over who has legal rights to make funeral arrangements and pay for them, etc. unless there is a clear issue wherethey acted improperly. As to suing the g/f for damages this can be done, but again, this would require a probate and actin taken by the personal representative appointed by the court. ... Read More

You call your own car in surance company and let them know what is happening.  If you worked for the company at the time of the accident and were driving a company vehicle, then the company's insurance should cover you.  If they do not - your insurance will cover you and then go after the company for you to get their money back. ... Read More

I don't see where you were arreseted so none of that exists. I am willing to bet THE other side of the story is you rolled backwards with your manual transmission or put it in the wring gear, and then fled the scene, which is WHY they were following you and screaming at you, and you knew darn well this occured. Why? because anyone in thier right mind would have called 911 on thier cell phone or pulled over in a public place and sought help from the crazy people. The cop did't believe you because your story is likely not credible. That stated, you need to work with YOUR insurance carrier to make sure this is resolved and you dont get sued. ... Read More

It takes two sides to negotiate a settlement. Your attorney and you have no power to force the other side to add reimbursement of your attorney fees and expenses to any settlement.  Many attorney client contingent fee agreements provide that the attorney receives a specified percentage of whatever is collected. If your attorney fees and costs are added to the settlement amount paid by the other side, the attorney gets the specified percentage of that amount, too. What is relevant is not what the other side is paying for, such as distinguishing between property damage, personal injury, lost wages, medical bills, pain and suffering, AND attorneys fees and expenses. What counts is the total amount. If the total amount, minus what you are going to have to pay your attorney, is enough, then you are ready to settle. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

You are probably named to clear title in some fashion, either as a co-signer on the loan, a former owner, or a creditor of the owner.  Have a lawyer for a few bucks review the complaint to make sure that no relief, other than clear title, is demanded against you.  If so, you can ignore it, but will continue to receive some papers.... Read More

It depends on what you mean by "reality TV." Shows like Lost, The Bachelor, The Bachelorette, and Naked and Afraid, sign contracts with the participants which include waivers of any claims for use of their likenesses. I would guess that the contracts probably tell the participants who intimate the recording, filming, and distribution of the recordings, will be. The news media records people in public places and interviews people as part of their 1st Amendment role, and don't get waivers. Those who are recorded and filmed have no idea who those recordings might be used and no control over them. On the internet, there are some postings which are blurring the line between news and reality TV. News media and reality TV on broadcast and cable television are controlled by professional producers who are continuously seeking legal advice on these kinds of issues. Freelance people claiming the protection of journalism, but who are more like papparazi, stalkers or reality TV, aren't subject to that kind of professional control, often haven't had the professional education and training regarding the law and privacy, and might not care. Such cases are going to depend very heavily on the specific facts of the case. Our office does not take such cases on a contingent fee basis. That's where you don't pay the attorney until the end, and the attorney only gets paid from what is collected, whether by settlement or a judgment. Our clients compensate us on an hourly basis and pay us each month for any work done the previous month. Our way is less expensive for the client if we win. The risk of losing is on the client instead of on us. Dana Sack 510-286-2200... Read More