Litigation Legal Questions

Yes, but it will not be easy or a sure thing. If you sue Holland's Next Top Model or the LA production company, they probably got your friends to sign a location agreement and that agreement includes a provision that your friends must pay any attorneys fees, judgment or settlement resulting from your suing any of them. So even if you sue the companies and don't sue your friends, your friends are going to get sued and anything you win, they will end up paying all or at least a portion of it. Did you have a written agreement with your friends? If not, then they'll be free to claim that they told you all about it and that you approved. You may have heard that real estate contracts have to be in writing. Not one for only one week. Holland's Next Top Model might not be an American company. If not, then it will resist being sued in an American court. Opposing that defense will add to the cost of the lawsuit. If this case were to go to trial, it is likely to be expensive, at least $100,000.00. Holland's Next Top Model and the LA production company probably have insurance which will pay for their defense. So you'll be paying your lawyers, and they won't be. We would not take on a case like this on a contingent fee basis. That's where the lawyers don't get paid until they collect a judgment or settlement, and then 30%-40% of what they collect. That's usually 2-3 times what you would pay on an hourly basis. We would expect to be paid for the hours we worked, at the end of each month. I can't think of any attorney who would take on this kind of case for a contingent fee. None of us have ever handled this kind of a case, but we're experienced trial attorneys. I'm sure we could do a very good job for you, and we handle cases and trials in the Los Angeles courts all the time. Until the actual trial, almost everything can be done by phone. I look forward to talking to you about representing you in this very interesting and unusual lawsuit. Dana Sack 510-286-2200 ds@sackrosendin.com  ... Read More

We would be pleased to help you.  We have significant experience representing non-profit organizations and dealing with difficult issues related thereto.  We will need additional information and would be pleased to have no charge initial consultation with you.  I will look forward to speaking with you.  Sincerely, Merritt Green... Read More

In California there is a law that establishes that cutting down a tree without an owners permissions allows treble (3x's) damages for the value of the tree and I believe there maybe a recent case for emotional distress damages but that is an iffy damage. To determine the value you would need an arborist to value the tree and if you believe it was the key to preventing hillside erosion, someone with specialty training in soil erosion.... Read More

The estate needs to be probated.  This will get a Personal Representative appointed who will then have the authority to bring suit on behalf of the estate to recover the funds which were obtained in appropriately. I would be happy to help you with this.  Call 303-688-0944 and ask for a free consultation.... Read More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that it will depend on how the car was sold and who you purchased it from. Was it sold "as is". Was it sold by a private individual or from a car lot. Since we do not have all the facts, it is impossible to give a completely accurate answers. I strongly suggest that you contact an experienced consumer rights attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.... Read More

Yes, but... If you dismiss one defendant without obtaining a signed waiver of costs, that defendant will be the "prevailing party" and be entitled to recover its "costs of suit." In addition to filing fees and other expenses, if either a contract or a statute allows the prevailing party in this lawsuit to recover reimbursement for its attorney fees, then you also will be liable for such reimbursement. Giving up a defendant just to avoid some hard work responding to discovery is always a bad decision. The other defendant will be able to point to the other defendant as the real bad guy, as a defense. The defendant you dismiss might even confess that it was  the real bad guy, and provide the other defendant with a complete defense.  Litigation is very complicated and dfficult. Even licensed, trained, experienced lawyers make mistakes all the time. You really need an experienced and qualified attorney. Hire an attorney, instead of dismissing any defendant. Dana Sack  ... Read More

I am not sure you have much of a case. You should have found out what type of degree it was before you signed up. ?Also, you should have known that you would not get a higher degree unless it was somehow related to what you got your B.A. in. They will argue that it was clear the course work would not merit anything higher than an AA. You could sue in Small Claims Court as it costs very little to do so, but you have a weak case.... Read More

I think this driver should lose his/her job, and that is the likely result if you complain to his/her employer and/or the school.  It is even possible that the driver has committed some sort of crime, involving neglect of children in his/her care, and you may want to pursue that with the local District Attorney. However, I don't think you have a claim for negligence, because such a claim generally requires actual monetary damages.  For example, if a driver runs a red light and hits your car, you can sue for negligence and possibleycollect damages for the damage to your car, your medical bills, pain and suffering, etc.; if the same driver runs a red light and misses you, you have no civil claim for negligence, although the driver could potentially still be prosecuted for reckless driving.  That could land the driver in jail, but puts no money in your pocket.  Fortunately, your daughter is safe and you have no monetary damages. In rare cases, you can sue for negligent infliction of emotional distress even without monetary damages, but I don't think that you would be able to pursue that claim because you were not in the "zone of danger" for the negligent conduct, although you should check this out with a Delaware lawyer because the elements of such a claim may be different in Delaware than in the jurisdictions in which I practice.  If your daughter suffered emotional distress, you may be able to raise a claim on her behalf, but it will be difficult to show that a 5 year old really suffered such distress and, moreover, the litigation could be hard on her as I believe she would have to testify. All that being said, although I think that your claim is weak, I would think that the bus company would be anxious to avoid bad publicity and might be willing to settle your case for a sum of money even if it thought it would win in court. ... Read More