Litigation Legal Questions

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 Answer

You should hire an attorney. The attorney will need to read the lawsuit, read any correspondence you have had with the other defendant, its lawyers and its insurance company, and interview you about your role in the company, your role (if any) in the occurences which are the subject of the lawsuit, and the reasons you left the company.  My first goal would be to try to find an insurance company to pay for your defense. It might be the company's. It might be your homeowner's policy. It might even be your car insurance. Lawsuits are expensive.  Depending on the facts and if there really is no insurance, and we really can't get your former employer to step up, we might try to get the plaintiff to give you a release in exchange for honest, truthful testimony against your former employer.  For example, if an employee is driving the employer's delivery truck going to or from a customer, runs a red light, and causes injury to anyone's person or property, the employee is personally liable and so is the employer. If the employee doesn't have much in assets and the employer does, and the employer fails to defend the eimployee, the plaintiff might offer to release all claims against the employee if the employee will admit that he ran the red light and was driving as part of his job at the time.  You have only 30 days after the complaint was delivered to you, to respond. Please hire someone rightaway. Dana Sack  ... Read Answer

Was this your lawyer or did he/she represent an opposing party?  If it was your lawyer it is theoretically possible that you may have a claim for malpractice.  If it wasn't your lawyer, he or she owes no duty to you.  If an opposing lawyer manages to convince a Judge to do something for their client and against you, they are doing their job (assuming they did not lie to the Court to obtain what they wanted).  As for the Judge, if the Judge did something wrong you may have the right to appeal, but that would be your only recourse.... Read Answer

They have the right to replace the battery, instead of giving you a refund. If you replace it, then you can charge it for 12 hours and then have your mechanic check it and see if it's any better. 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 Answer

I'm very sorry, but that is not enough information to answer your question.  It depends on how you were served and what you were served with.  There are generally three ways to serve someone with a summons and complaint: (1) personal service; (2) substituted service; or (3) by publication.  However, if this is an out of state lawsuit, you can be served by mail.  But if this isn't a summons and complaint, then you can be served by mail.  Sound confusing?  It is.... Read Answer

You put this under the category of defense. This is a medical records question, and I simply do not know enough about that avenue of the law to answer your question. You ask if this is legal, and my suspicion is that it can be, but would have to be voluntary, and since it is not voluntary on your part, get another pediatrician.... Read Answer

You can record a telephone conversation in S.C. only if you are a party to the conversation.  The tapes are not admissible in court, but as you have left out many facts, they may be useful against the other side.  This answer does not constitute legal advice nor does it establish an attorney/client relationship. Dr. Michael G. Sribnick, Esq. litigator in S.C. offices in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

He owes you the $17,000 or the vehicle. You have two courses of action. The amount owed is more than can be handled in small claims court, so you will need to hire an attorney to sue him for either the vehicle or the money, plus attorney's fees. You can also go to the local police department and file theft charges against the friend. Be aware that if you file criminal charges, he may go to jail, and if so, you probably will not see either the vehicle or the money until he gets out. This could be quite some time down the road.... Read Answer

Yes you can seek a show cause order but I am surprised that the judge would issue a restaining order and get the court involved in church affairs. I am sure that the bishop is taking the position that  Tennessee courts involvment in church affairs are barred by the First Amendment's protection of purely religious matters from interference by secular courts. The freedom of churches to resolve their own disputes is such a fundamentally ecclesiastical matter that the court can not resolve those disputes under the First Amendment.... Read Answer

I don't think the facts you mention will succeed in getting you off the charge of harassment. You say your tweet could not be harassment because she had previously blocked your tweets. But then why would you tweet her? And why include cruel comments? I suggest you hire a lawyer to represent you in the harassment action, and try to use the experience to gain some perspective about dealing with human beings.... Read Answer

The terminally status of the woman entitles her to compassion. But it unfortunately does not, in most places, give her special rights. She can tell the visitors that she does not want to see them. If they continue to trouble her, she could seek an anti-harassment injunction, but why should she spend her last days in that kind of ugly tangle? If she has responsible friends or family, they might tell the unwelcome visitors to stay away.... Read Answer