Litigation Legal Questions

Unfortunately, "I have no where else to go" does not entitle you to live in someone elses property if they don't want you there or if you aren not paying the required rent. That won't stop a writ of possession from being effected. You would need a legal reason for a stay and likely be required to post a bond for ALL the rent due to get any meaningful extension. For future planning - when you get served with an eviciton lawsuit - you are on notice that you are likely to be forced out and need to start fidning "plan B" at that point - not when then writ gets issued. ... Read More

Such cases typically go no where unless prior to ordering the meal you made explicitly clear that you could not eat pork for religious reasons. That YOU perused a menu but said nothing does not do much for such a claim or case, as menu's constantly change. Equally, from a religious perspective, for most that have such prohibitions the mere contact with prohibited foods would also be an issue, such as with Halal or Kosher requirements. Unless you specified, you would be in the same situation potentially if the chicken was cooked in bacon grease or next to shellfish, etc. because you did not specify to see if they could accomodate. You can try to push the issue to see if they will do something for you, but if you are looking for the cost of a trip overseas for some purification or cleansing expense,  or some substantial monetary value, this is not a solid case for such. ... Read More

Unfortunately, 99% of competent lawyers will not take such cases on a contingency basis. You will likely need to be prepared to spend money out of pocket pursuing such a case. These are primarily based on finaincial issues - not necessarily legal ones, as it is rare for there to be insurance coverage or a collectable defendant in such cases. If you are looking to hire a lawyer - make it clear you are willing to pay a retainer up front for the work so you don't get rejected out of hand. ... Read More

Those facts do not provide a basis for legal action, as it may well have been for any number of reasons including simply an accident. That aside, if there is some claim that this was intentional, the issue starts with WHY? If you think this was improper, you can report this to the school as a "battery" and can also file a report with law enforcement equally. BUT - you need to be clear this not an issue of disciplining your child as you may equally send your child on the wrong path with "helicopter parenting" that reinforces a childs misconduct with parental support and teaches them to disrespect authority. ... Read More

Sorry, this is not a primer class for pro-se litigant landlords to cheap out and avoid highering land lord lawyers. As a tenant lawyer, I can assure you that doing so is a fact track to running afoul of expensive landlord tenant litigation over a bad eviction. If you need to evict someone - you need to retain a lawyer to do so. ... Read More

If it was so easy, why are you asking others to do the work? That said, there is no contempt of court for failing to pay. Many times the issue is the defendant is judgment proof and that is the primary reason lawyers will not likely take the such a case on a contingent fee as they will not take the risk of not getting paid and you won't want to pay an hourly rate. You may want to contact the DMV and the Consumer Affairs folks to see if they will get involved but they will not likely enforce your judgment.... Read More

Relief from a judgment may be sought by filing a Petition to Open or Strike the Judgment.  A judgment may be opened when there exists a genuine factual dispute.  However, the same must be filed promptly, preferably within 10 days of the judgment and beyond that a reasonable excuse must be provided for the delay in not filing sooner. A judgment may be stricken when there is a defect in service.  However, in my experience, service is usually proper as the Prothonotary, where cases are filed, will refuse to allow a judgment in which service has not been made.  My first step is to check the docket and determine if the record reflects good or bad service. I trust this answers your questions and do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Hate to be the one to break the bad news, but you will be very unlikely not find an attorney to take on this sort of case on a contingency fee basis. The probability of recovery in these sort of actions is just too small. Plus, the attorney would have to believe the chances of recovery are so great that they would put up thousands of dollars of their own litigation costs on the hope that they'd recover damages. In a malicious prosecution action, thats just not going to happen. However, you absolutely can find qualified attorneys to file such a suit for you on a retainer/hourly basis. If you are serious about filing suit, and want a qualified attorney to file it, thats the only way its going to happen. No experienced litigator would take a malicious prosecution case on a contingency fee. Good luck. ... Read More

There are 2 key questions which must be answered to determine if a malpractice case is your only remedy:  1) Was the case dismissed with prejudice which would prohibit a refiling?  2) Has the statute of limitations expired which would bar a refiling? If the answer to both questions is no, you may and should simply refile.  If the answer to either question is yes, then you should consult with malpractice counsel ASAP as there is a 2 year statute of limitations on malpractice in PA. I trust that answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

I looked up the docket. The Court granted defeault judgment against you (the only party who didn't appear) on June 15, 2021. On July 15, 2022, the Court appears to have dismissed the case against the remaining defendants. You need to engage counsel to move to vacate the default judgment. To succeed on this motion, you need to demonstrate that you: (1) have a reasonable excuse for not answering and (2) a meritorious defense. The plaintiff's attorneys contend they served you by proxy on Feb. 18, 2020 at 401 NE 1st St. (in Hallandale Beach) by giving a copy of the lawsuit to Klaudjak Kosilov and, on March 12, 2020, by taping a copy to the apartment door and mailing a copy to that address. You'll need to explain how its possible you never received notice in some detail.  Second, the Court notes in the decision dismissing the complaint against the remaming defendants that plaintiff testified you allegedly struck him with a barstool. I do not have access to anything but the docket and electronically filed papers, but the court notes that someone had photographs, you were terminated after the incident, and my guess is everyone was more than happy to throw you under the bus. Engage counsel to assess your rights, defenses, likelihood of success and whether you had any personal liability insurance coverage in place at the time of the incident. Insurance will not defend assault claims and will not pick up claims after default judgment is entered but if you can get the default vacated based on a contrary version of the incident that does not include you assaulting plaintiff, insurance coverage may be available (such as personal liability coverage in a homeowners policy). Westchester County is a reasonably strict court. The presiding Justice who defaulted you is a new to the bench. My conclusion is that your motion will be scrutnized meaning this is not a lay-up. It will cost several thousand dollars to make the motion but the alternative is having judgment entered against you.... Read More

the best advice is follow the court rules. your Answer is your respons to their Complaint you admit or deny each claim in a numbered response. then you state your Affirmative defenses (if any) lastly, if you have a counterclaim etc, then you included that. you must file it with the court AND send a service copy to the other side, exactly what you file with the court.   good luck!... Read More

This may be a malpractice lawsuit against your doctor not a products liability case. VUVITY eye drops are specifically contraindicated for people with risk of a detached retina. Unfortunately 3 months work is generally not enough to support a med-mal case as such claims are typically focused on permanent injuries due to the cost of investigating and presenting such cases. ... Read More

    Hello Barbara, A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases.... Read More

Hello Bernard,   A Personal Injury / Medical Malpractice attorney can investigate this matter and determine all possible responsible parties.. Medical Records will need to be obtained and reviewed to determine whether the standard of care was breached by medical provider(s) and/or whether this is a potential Product Liability case.  Choose an experienced professional to guide and advise you and evaluate your potential claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.... Read More

Was the fire dept able to access the 6000 gallon water tank and transfer the water from it to the home, i.e. to hook up their hoses?  Was there another fire hydrant close enough for them to hook up to or fill the tank on their truck?  It's difficult to sue a public agency for negligence in failing to protect one's assets unless there is clear evidence of gross negligence or a promise to do something they did not do.... Read More

I changed the practice area to litigation, this is not an assault question. Sure, you can sue anyone you like if you pay an attorney to file the lawsuit. However, I would not expect to be able to find any attorney to take such a case on a contingency fee though (you don't pay unless you win the lawsuit).  Attorneys typically never take a case on a "contingency" unless there is provable, measurable injury, where there are provable, measurable damages significant enough to pay the attorney and the harmed party. But if you are willing to pay an attorney a retainer fee that is thousands of dollars to begin working on filing the lawsuit, absolutely - you can sue them. Good luck.... Read More

I am very limited in what I can say here, an Attorney owes an absolute duty of loyalty to the client's interest. It follows that any disparaging comments about you would be a disturbing violation of that duty and the trust you put in the attorney. You have 2 issues, did you lose the defamation case by legal malpractice? And did the attorney's comments reflect a breach of duty to you? Be very careful what you post publicly because, if you post anything disparaging against the prior attorney in a public place, if the attorney sees it, they will file a defamation case against you. You will need to find the right attorney to help on this.... Read More