• 
• 
• 2 answers

You file a motion to compel, and ask the court to order them to do so. You also ask for attorney fees for the cost of bringing the motion.

If they still don't do so, you ask for sanctions (such as dismissing their complaint or a defense).

Yes, you file a motion to compel - but, attempt to work out the reasons why they haven't responded within the deadline to respond. Most judges do not want to be dragged into discovery disputes. If you can't work it out with the other party, then file a motion to compel.

You would not ask for attorney fees as part of that motion to compel. That's an entirely separate issue from discovery. Also, I highly doubt a judge would dismiss an entire claim over a discovery issue. Generally, if the judge is dragged into it, you or your attorney (hopefully you have one) would have a telephone hearing with the judge & other side over why they won't answer the interrogatories. Then the judge makes a ruling on that - sometimes the other side DOES have a legal argument for not answer some of the interrogatories.

So, attempt to work out the issue without court involvement, if that doesn't work, file a motion to compel discovery and the court will take it from there.

• 
• 1 answer

• 
• 1 answer

If I'm not mistaken, Estelle won this case as a result of extensive documentation, proving that Gamble had received adequate treatment. Gamble's own factual documentation accounted the details of his treatment wich supported the doctor's defense that they were not indifferent to him and treated him in good faith based on their understanding of his injuries.

• 
• 1 answer

That all depends on the law firm that is representing you - when they decide to submit for settlement. I for one know that the firm I'm with just submitted a list of about 2k clients to the Glaxo Lawyers... Finally settlement time! Doesn't matter though, still a lot of work ahead booting cases/claimants that aren't cooperating/qualifying and adding new ones. The record ordering process never ends!

From the day that settlement negotiations begin - depending on how many individuals are involved in the payout - expect atleast 6 months to a year before any settlement checks will be issued.

Avandia Lawsuit Settlements & Claims See below:

• 
• 1 answer

In a court of proper jurisdiction.

• 
• 1 answer

OK, here it is - My gross settlement amount is $19,347 from that the lawyer gets %40 so that means i get around $11,000. Nope lawyers expenses $ 1000- $2500 i'll figure $1750 so my Settlement amount from a drug that caused me to have 3 stints place in my heart, live on numerous high dollar drugs, is.........$9,250......oopps wait i took out one of those lawsuit loans i got $2500, have to pay back around $5000 it was dumb but at the time it was needed to survive so my finale settlement amount is $4250 this my friends is a great injustice , why did uncle Sam get 3 billion ? did he have a heart problem? where's the other 300 billion ? hahahha, thats what life has come to the rich get richer and we .......well you know

Maria, That's not the average, that's what YOU received. This was a mass tort case, meaning that each person would get a different amount, depending on the usage, and so forth. You could get more than someone else, them you, and so on.

• 
• 2 answers

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

• 
• 1 answer

The "law of the case" is a situation where an appellate court has made a determination on a question of law and remanded the case for retrial. If the case comes before the appellate court again after retrial, the point of law determined by the first appellate court may not be appealed again. An appellant does not get to reopen that issue just because the case is once again before an appellate court.

That point of law is now the "law of the case" and will govern the case throughout any and all further appeals that may occur.

There may be compelling circumstances where a court may permit the issue to be reopened, such as where the initial determination rested on a law later found to be unconstitutional and void.

• 
• 1 answer

Yes, you can sue, because it should be against permit policiy. :)

It is also a safety hazard because it could contain blood from someones body that could be contaminated with all sorts of disease, potentially making you very ill.

You can't sue just because it is there. You would need to claim some kind off damage from it.

Most restaurant owners will feel genuinely embarrassed by it and offer some compensation as a customer satisfaction issue as well as to prevent publicity and reports to the board of health.

• 
• 1 answer

If your business has competent IT staff, have them create a few policies to define acceptable use and data security. Additionally, enforcing access control lists via group policy would be a good idea (for example, the HR department would be the only group that would have access to employee records).

Added: Terminate them - take the matter to court and request to have the court issue an injunction against the employee's actions vis-a-vis your client information, and/or sue the individual in civil court.

• 
• 1 answer

If you are going to answer the complaint (rather than, for example, file a motion to dismiss or other pre-answer motion), you generally will want to respond to each numbered allegation of the complaint (the allegations usually appear in separately numbered paragraphs). The responses are generally "admit" or "deny" in nature, although it is usually permissible to "deny for lack of knowledge" if the circumstances dictate.

Once the admissions/denials have been made, one often assets any applicable "affirmative defenses", again, in separately numbered paragraphs. Some may include:

The plaintiff/complainant fails to state a claim against the defendant upon which relief may be granted. (Meaning the debt is not valid or at least the plaintiff has not plead it clearly).

If the defendant is indebted to the plaintiff he/she is also indebted to ....(Meaning there are other parties involved which were not named as plaintiffs).

The right of action set forth in the complaint did not accrue within the time set forth by the laws of the defendant's state. (The state's SOL for the action has expired).

It is best for the defendant who is representing themselves to respond with their own wording, as judges tend to be more lenient in Pro Se cases.

There may be other applicable affirmative defenses, but these are dictated by the basis of the cause of action being asserted by the Plaintiff. An affirmative defense is, by nature, a legal or factual "avoidance" of the claim, and to that extent differs from a mere denial of the allegation.

It is critical that the answer get filed with the Clerk within the time allowed by law (usually specified on the Summons), and that a copy get mailed or delivered to the Plaintiff or his/her/its attorney. The failure to get an answer filed when required may result in the entry of a default, such that you will be considered to have admitted the material factual allegations of the complaint.

• 
• 1 answer

• 
• 2 answers

There is no yes or no answer to your question.

There is no yes or no answer to your question.

There is no yes or no answer to your question.

There is no yes or no answer to your question.

• 
• 1 answer

• 
• 1 answer

Nope.

§ 8.01-220. Action for alienation of affection, breach of promise, criminal conversation and seduction abolished.

A. Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this Commonwealth for alienation of affection, breach of promise to marry, or criminal conversation upon which a cause of action arose or occurred on or after June 28, 1968.

B. No civil action for seduction shall lie or be maintained where the cause of action arose or accrued on or after July 1, 1974.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-220

• 
• 2 answers

The lender must take both the primary and the co-signer to court and obtain a judgment lien. The judgment lien can then be used to seize any property that could be sold to pay the debt.

• 
• 1 answer

Generally buying online is cheaper than from buying from kiosks at the mall or from local hair salons.

There are several popular sites:

SallyBeauty.com

Saffrons

HairExtensions.com

Amazon

Ebay

shopping.yahoo.com

Ebay has mixed review since some of the sellers offer ridiculously low prices and makes you doubt if the products are genuine.

Shopping.yahoo.com is a great way to compare prices offered by different sellers. It may even point you new online websites but be sure to read their reviews before paying.

There are several smaller online retailers like IndianHair.net that offer great prices for specific varieties of hair, in this case Virgin Indian Remy Hair.

First decide on the type of hair: remy vs non-remy. If you want virgin hair extensions.

Then select the length and texture: 20" wavy hair

Then the color of the hair

This will simplify your shopping by limiting your options and focussing on the product that you actually want.

• 
• 1 answer

A summary of a paper or a book should be given in less than a page. For most things, a good, well-written paragraph will be able to accomplish all parts of a summary.

• 
• 1 answer

This might vary by jurisdiction, but in California an undertaking is like a bond - you put money into an account or give it to a third party to hold, pending some action. A guarantee is an agreement whereby someone personally agrees to share liability for the debts of another person or entity.

• 
• 1 answer

Well I'm pretty sure if the person is using verbiual abuse then( DRUM ROLL PLEASE!) YES. yeah for sure you can do that, if I was you I would go to the court room in my best pair of steelito's and tell MR.judge my case!

dont be scared to talk back to who ever is doing that! use your in strenght. lol

• 
• 1 answer

No. The non appearance of the defendant will result in a default judgment being entered in favor of the plaintiff. The non appearance of the plaintiff results in the case being dismissed.

• 
• 2 answers

Yes. Most credit cards and other revolving accounts are unsecured. A consumer can be sued within the statute of limitations (as established by state law) and in accordance with the card holder agreement. If a judgment is granted, the creditor may place a lien against any real property, garnish wages and take any other action allowed by law.

Any consumer faced with such a threat/possibility needs to research their state's laws. Find out what the statute of limitations is in their state and whether or not their debt can be acted upon in the manner you have described.

Many Credit Card companies, sell account to third parties. Those are the people that initiate any legal action. Sometimes it is an agency that works with a law firm, sometimes it is group of collection attorneys. Every state has a set of exemptions (property exempt from creditors action) they can be used in bankruptcy or lawsuits. You can find out what those exemptions are and how they apply in your situation by doing a simple web search ("Name of State" bankruptcy exemptions)

Liens against an estate:

First, states limit the recourse (how much a creditor can collect) a creditor has to the value of the Decedent's estate. This means that creditor's cannot make the decedent's heirs and beneficiaries liable for the Decedent's debt. (Although debt collectors frequently misstate or avoid disclosing this information, hoping that a decedent's spouse or relative will pay the bill.)

Second, depending on your state, a surviving spouse may be liable for the decedent's debt beyond the value of the estate, in others state laws limit the surviving spouse's liability.

Third, depending on your state, some property, for example joint tenancy property, may pass free of creditor's claims (except for secured claims.)

Fourth, most states have a system to apportion the decedent's debts between various creditors, and apply priority- who gets paid first.

Fifth, most states, whether an estate is administered in probate or by a trust, have a "creditor's claim" procedure. This controls how a creditor may seek to enforce the debt against a decedent's estate, and reduces the statute of limitations.

Sixth, In California, for most unsecured non-government (think MediCal, Federal and State taxes) creditors, there is a universal one year statute of limitations for claims against a decedent which runs from the decedent's death. If a creditor does not file suit in this time (or file a creditor's claim against the decedent's estate or trust) they are barred from recovering the death.

Finally, proper application of state law to cut off a decedent's creditors normally requires the assistance of an attorney and filing of the appropriate pleadings in probate court.

• 
• 1 answer

Not usually: if this is a private matter in your personal life. If, however, it involves your work place or a business, consult a lawyer.

• 
• 1 answer

Dismissed with Predjudice means the case cannot be brought back to the courts. Dismissed without Predjudice means it can be brought back to the courts.

• 
• 1 answer

Define what you mean by "comment."

A judge may REFER to evidence as to its type, and for whom it is introduced, and in other general terms throughout the course of the trial.

As a general rule of judicial conduct they may not make any comment or observation as to its being "strong", "weak", or irrelevant" or in any way voice opinions as to its usefulness or applicability. If you have a specific question about your case, consult with the attorney who represents you.