Timothy M. Cornell’s Answers

Timothy M. Cornell

Boston Health Care Lawyer.

Contributor Level 9
  1. My lawyer straight up lied to me repeatedly, and my phone system caught it`

    Answered almost 3 years ago.

    1. Timothy M. Cornell
    2. Pamela Koslyn
    2 lawyer answers

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

    Answered almost 3 years ago.

    1. Timothy M. Cornell
    2. Pamela Koslyn
    3. Christine C McCall
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  3. How can I get my name to be miss use in the website and newspaper?

    Answered almost 3 years ago.

    1. Timothy M. Cornell
    2. Steven R. Ballard
    3. Dominic L. Pang
    4. Mark L. Stevens
    4 lawyer answers

    While it is technically possible, the newspaper is under no obligation to erase your name from its database. You could request that they do so, but you should also consider what to do if the paper offers simply to enter another report that your case was dismissed. The effect of that cuts both good and bad for you.

    1 lawyer agreed with this answer

  4. Can I use the legal term "breach of fiduciary duty" against my Condo Association's negligence to take action in fixing a leak?

    Answered almost 3 years ago.

    1. Timothy M. Cornell
    1 lawyer answer

    Absolutely. The Condo Association has a fiduciary duty to act on behalf of the owners to protect the property. By not taking appropriate action to fix the leak, they are in breach of this duty because the leak will damage the roof, in turn costing the owners more expenses down the road.

    1 person marked this answer as helpful

  5. Is there an expiration to file a libel case?

    Answered almost 3 years ago.

    1. Timothy M. Cornell
    2. Christian K. Lassen II
    2 lawyer answers

    The statute of limitations for libel is from one to three years,depending on which state holds jurisdiction. You should also note that truth can be a defense to libel.

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

    Answered almost 3 years ago.

    1. Gregg R. Zegarelli
    2. Timothy M. Cornell
    3. Herbert Warren Cooper IV
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. What exactly is a class action suit?

    Answered almost 3 years ago.

    1. Andrea Boggio
    2. Timothy M. Cornell
    3. Pamela Koslyn
    3 lawyer answers

    Sometimes a group of people are all harmed in the same way. Often, not everyone knows they were harmed, and sometimes the harm is too small to make it worthwhile for one person to bring a case for themselves. For instance, if a company ripped you for for $25, it is doubtful you would pay a lawyer to bring a suit. But if thousands of people were all ripped off by $25, a class action suit can represent all of those people at once. To do that, one person has to have harms that represent the...

    1 lawyer agreed with this answer

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  8. How do I go about suing Bank of America in order to enforce an agreement they sent me?

    Answered almost 3 years ago.

    1. Herbert Warren Cooper IV
    2. Timothy M. Cornell
    2 lawyer answers

    You should show your agreement and the letter you received from Bank of America to a lawyer. There may be a legal reason why they did this, but they may also have breached their contract. Many lawyers will look at these documents without charge to see whether you have a case.

    1 lawyer agreed with this answer

  9. Legalities of slickly leaking information on a new tv show costing the show millions.

    Answered almost 3 years ago.

    1. Timothy M. Cornell
    2. Matthew Charles Lapple
    3. Kevin Mark Jones
    3 lawyer answers

    Thank you for the entertaining question. Ba-da boom. In this storyline, the sitcom would have a copyright on its material. That copyright would include all derivative rights, which include adaptations and transformations. So the journal would be producing a derivative work and could be sued for copyright infringement. It would be liable for the damages to the show. The journal would try to prove that it had produced an original work, but from the scenario you describe, there would be too...

    1 lawyer agreed with this answer

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

    Answered almost 3 years ago.

    1. Theodore Lyons Araujo
    2. Eric Edward Rothstein
    3. Timothy M. Cornell
    3 lawyer answers

    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.

    1 person marked this answer as helpful