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  1. Re: What Are My Chances of Winning a Lawsuit in This Case

    Correct, if you reach a settlement with the guy's insurance company prior to filing suit the terms of the settlement will preclude you from filing a lawsuit against him. And if you settle after the...
  2. Re: Inherited IRA ,incorrect Distributions

    The distributions that were never reported on tax returns are required to be reported by the beneficiaries. So the three of you should amend your returns to correct that oversight. That's what the...
  3. Re: Non Custodial Took My Son to Get Driver's Permit Without My Permission nor Knowle

    That problem is not just limited to kids. I was hit from behind in stop and go traffic about a year ago by a middle age woman who decided to look at her cell phone while traffic was stopped for a few...
  4. Fences and Walls: Re: Does a Survey Trump Adverse Possession with Land Around Shared Fence

    You may take out the old fence and put up the new one on the property line if you wish, but you do so knowing that the neighbor might then file in court to quiet title and assert that the contested...
  5. Re: Inherited IRA ,incorrect Distributions

    Since the IRA had named beneficiaries it passed to those beneficiaries the moment he died. Thus distributions from the IRA after his death should have gone to the beneficiaries rather than to your...
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    Child Care: Re: Limiting Child's Abilities

    Correct. But the Washington law and regulations do not specify whether "custodial parent" means a parent with legal custody or a parent with primary physical custody, and if it is legal custody...
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    Child Care: Re: Limiting Child's Abilities

    You are asking the other parent to sign the kid up for driver's ed and then presumably take the time to do the supervised driving that the kid needs to get a license. So aside from the cost of the...
  8. Easement Use and Enforcement: Re: Security Cameras on Private Property

    And it is also illegal under federal law, too.
  9. Copyright Law: Re: Using Artist Name/Song Title in Movie Dialogue

    The law draws the line as to the rights copyright holders have. And in general a simple reference to a work, like mentioning a song title in a story, isn't going to infringe on the copyright.
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    Trusts: Re: Use of Revocable Living Trusts

    What do you mean by "standard" form? That's a pretty vague description of whatever it is that you were looking at. Few if any states have statutory forms for revocable living trusts. It may be that...
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    Hiring: Re: Further Assurances

    That's a great example of poor legal drafting using overly stuffy legalistic language in an agreement. I write contracts for clients in plain English with the idea that the business people actually...
  12. Re: What Are My Chances of Winning a Lawsuit in This Case

    Certainly the level of skill varies from one attorney to the next. And depending on the exact charges against the defendant and where in Viriginia this took place there may not have been a...
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    Trusts: Re: Inheriting a Home Through a Trust

    You left out one important thing. Does the trust give the home to Person B? The trustee is simply the person who manages the trust and carries out the trust instructions. The beneficiaries of the...
  14. Re: What Are My Chances of Winning a Lawsuit in This Case

    As I said before, it is very common that witnesses are not allowed in the courtroom to watch the trial prior to testifying. It would have been up to the prosecuting attorney or officer prosecuting...
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    Re: When is Sex Not Illegal

    In general sex between consenting adults done in private and that does not involve payment for the sex is legal. There are some other situations that are legal too, depending on the state.
  16. Defective Drugs and Medications: Re: Do Settlement Admins,lien Processors,lawyers Pay Interest

    There is no standard definition for what a "settlement admin" does and the term "lien processor" does not suggest a person who would hold any settlement funds. As for whether a lawyer must pay...
  17. Re: What Are My Chances of Winning a Lawsuit in This Case

    While it's a bit surprising the prosecutor did not call you to testify against the guy it's also a bit hard to comment about that much since you did not say what happened in the trial or why he won...
  18. Re: Trick to Get Free Repair Work Done on House, Could This Work

    No. First, what you propose to do is criminal fraud. You and your friend both risk criminal prosecution, conviction and possible jail time going this route. Second, the contractor can put a mechanics...
  19. Judgment Issues: Re: Withdrawal of Summary Judgment Motion

    Summary judgment is simply a fast way to resolve the issue(s) in the motion — a ruling from the judge without the need for a trial. It is appropriate when there are no material facts in dispute and...
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    Re: Covid, Masks, Stores

    Heavily slanted? Mine come right from the CDC and a leading medical school. And I provided the links. You said nothing about where yours came from.



    Transmission by air (aerosol transmission)...
  21. Theft and Larceny: Re: Theft of Store Property Charge Against Wishes of Store Owner

    Don't give up until you get the final answer. Some convicted persons do win challenges on ineffective assistance of counsel (IAC).



    He's right that far more convictions are overturned on appeal...
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    Re: Covid, Masks, Stores

    I don't know where you got those figures. As for deaths by the flu, the CDC says that last year (2019), there were 34,200 deaths in the US due to flu. The CDC count of COVID-19 deaths just through...
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    Re: Covid, Masks, Stores

    Those would indeed be ways to accommodate the persons who can't wear masks as a way to comply with the ADA.
  24. Regulations and Procedures: Re: Borough Mayor Owns/Operates Several Borough Businesses

    If he won the election and his qualifications were not challenged prior to the election then he is the mayor until either a court or the voters remove him from office. The issue of his residency...
  25. Theft and Larceny: Re: Theft of Store Property Charge Against Wishes of Store Owner

    I have admitted before that there are some evil and incompetent lawyers out there. Just as there are evil persons in every profession and occupation. I wish that were not true. It'd be great if...
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