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Timothy M. Cornell

Timothy Cornell’s Answers

34 total

  • What kind of lawyer do I need to sue cable company?

    We've been overcharge for 6 yrs. And they only credit us for 3 months..

    Timothy’s Answer

    Get a consumers rights attorney. If you can show that the cable company does this as a matter of policy to many customers, you could have a large class action case on your hands. Otherwise, a suit under consumer fraud would be the way to get your overcharge back.

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  • I accepted the offer of my partner in buying me out. Now,she changeS her mind. What are my ways to get out of this partnersh

    The business is new and we have not profit. I did set the company and worked in the business without salary. She is ok because she has another job. Since we had opened , she abandoned the business and try to sabohe tage my work , for example she d...

    Timothy’s Answer

    You have made an offer, in which you would trade something of value in consideration for cash. This constitutes a valid contract, so you could, in theory, sue to enforce the contract.

    As Pamela says above it would much better to work it out between you than to take it to court. Still, you should know that you have the leverage of a valid contract.

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  • My lawyer straight up lied to me repeatedly, and my phone system caught it`

    My new office system had the phones on auto-record every time there was an incoming or outgoing call. My lawyer told me that a case had been filed on my behalf in June, then July, then August. The other lawyer also tried to tell me that he couldnt...

    Timothy’s Answer

    • Selected as best answer

    I think you should check again on the Massachusetts wiretapping law. Contrary to what you write, Massachusetts requires the other party's consent to recording; M.G.L. c. 272, § 99. It is possible your office equipment could fall under exception for office intercommunication system, but not necessarily.

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  • Exactly what constitutes an abuse of judicial discretion? How about an example?

    none

    Timothy’s Answer

    When the court ignores what is required under the law or precedent, or is not reasonable in applying the law, the appeals court may find the court has abused it discretion. Because it is a harsh finding, appeals courts are reluctant to use it. But Supreme Court Justice Stevens gave a great example in Rita v. United States, 127 S.Ct. 2456 (2007) : "[A] district judge who gives harsh sentences to Yankees fans and lenient sentences to Red Sox fans would not be acting reasonably even if her procedural rulings were impeccable."

    Of course, some people would think that was entirely reasonable! If you Google that case, the justices give great descriptions of the various ways they apply abuse of discretion.

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  • Class Action question. If the defendant is in NJ but the plantiff's are all over the nation is there a "best" state to pick?

    There is a deep pocket defendant who is very guilty and I want to speak to someone about the matter? Witnesses will not only be in NJ they will be all over the country. I want to be very selective on the firm I choose to take this case. Is...

    Timothy’s Answer

    Yes, some states are better than others, depending on the type of case you have in mind. If the defendant is located in NJ, there is a chance the case could end up there, but the plaintiff always gets to choose the state from which to file.

    As to filing under seal, this depends on what type of case it is. You would file under seal if it is a whistleblower, or qui tam, suit, accusing the defendant of defrauding the government. For a class action of the type it sounds like you have, the judge will not allow a seal. Still, sometimes it is worthwhile talking to the defendant before you file, so that the defendant will be aware of what will happen when you file a very public suit.

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  • I have got a judgement based on a National Arbitration Forum award.

    Due to the State of Minesota vs. NAF scandal, indicating fraud, corruption and partiality, I wonder, if the award is still valid? The plaintiff's attorney, Mann Bracken, is out of business. Can I motion the Court to have the judgement vacated? W...

    Timothy’s Answer

    What an interesting question. Under the Federal Arbitration Act, you can vacate an arbitration decision on only a few grounds. Among others, a decision can be overturned where the decision was procured by corruption or fraud, or there is evidence of partiality or corruption in the arbitrators. As you point out, the State of Minnesota v. NAF scandal does provide strong evidence of this. So if you are still within the time period for appealing an arbitration, you may well have grounds. To find a local attorney familiar with this, I would contact your local bar association or ask a lawyer for a referral.

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  • Can anyone explain this paragraph from my SPO?

    "except as otherwise expressly provided in this standard possession in order, if a weekend period of possesion by Jane Doe begins on a student holiday or a teacher in service day that falls on a friday during the regular school term, as determined...

    Timothy’s Answer

    If the holiday falls on a Monday, he/she will have to wait until 6 pm on Friday. The language you cite only kicks in if Friday is the holiday. When Friday is the holiday, then, yes, he/she picks up right after school on Thursday.

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  • I purchased a salon business and I think the contract had been breached. However, I had no way to prove it. Please see detail.

    I am the buyer in this contract. I purchased my salon more than one year ago. In the contract that I drafted up, using the free form online, with the agreement of the seller, we had agreed that the owner and the primary manager of the store (her...

    Timothy’s Answer

    Hate to tell you, but you are going to need a lawyer for this. If she sold you her business based on false financials, then the contract can be rescinded, she will have to give you your money back, and you can probably collect damages. You say you cannot prove she is taking in clients under the table. If so, there really is nothing you can do about it. But if you can probe it (by having customers who should have been yours admit that they had their hair cut by her, for example), then you can collect damages from her for breach of contract. But you aren't going to be able to get all this on your own. You are going to need a lawyer for this.

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  • As a Pro Se and a party to the case, can I subpoena Columbus,OH Police Department for information/evidence-Domestic Court?

    As a Pro Se and a party to the case, can I subpoena Columbus Police Department for information/evidence that they had that showed ex-husband was in Contempt of the Court in a Domestic Court? I am appearing as Pro Se

    Timothy’s Answer

    You don't say what case you are in, so it is difficult to say whether you can get a subpoena. But by representing yourself pro se, you have the right to gather evidence, by subpoena if necessary. An easier alternative for you may be a Freedom of Information request. To do that, you would send a letter to the public information office of the police department, saying that you are requesting the information under the Ohio Freedom of Information Act.

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  • How do I legally back out of an Article of Incorporation for a non profit that is not running yet and doesn't have their 501C3?

    I partnered with someone on a non profit children's program and I am now having serious doubts and concerns about my partner's motivation. This program would involve horse therapy for children and I am getting the impression that she is using this...

    Timothy’s Answer

    Even if the 501(c)(3) status has not been granted yet, the Articles of Incorporation sound like they are in effect. You do not say what your position is in the nonprofit, but you should check in the section of the Articles of Incorporation that apply to you - Board of Directors, Officers, Members - and see what the requirement is for resignation. If there is no section on resignation, the default requirement is likely to be that you inform the President (if you are an Officer or Member) or the Chairman of the Board (if you are a Director) in writing that you are resigning.

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