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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,222 total


  • Can an attorney take their 33% off the top

    I had a car accident and my insurance is $15000.00 I had went through & completed all doctors visits and now waiting to settle.

    L. Maxwell’s Answer

    That's usually how it works, a third of the gross recovery or gross settlement. The way to find out is to look at what the fee agreement says. In most cases it's spelled out in very plain language.

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  • I stayed at a Super 8 motel. While I was there an employee broke confidentiality about me. I was very embarrassed and hurt.

    The employee was sitting in a public breakfast room at the motel with a guest I had never met. He told her that I had been taken out of the motel in an ambulance for drinking too much. I was humiliated and hurt by his discloser. He apologized to m...

    L. Maxwell’s Answer

    The employee had no duty to keep the true facts confidential. There is no duty of confidentiality between a motel employee and a drunken guest.

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  • Is there a law stating grandparents have a right to visitation if the child's parents are married?

    my wife's parents are keeping our children when we are at work. they have started signing papers presenting themselves as the children's guardians, are signing release forms for the older child to participate in activities we have not agreed to, a...

    L. Maxwell’s Answer

    The following statute may answer the question you posed in the title. The circumstance you describe in the body of your post raises some important questions which you may want to discuss with a lawyer. Visitation rights do not mean the person who has those rights can overrule the wishes of the parent as concerns giving consent for the child to do things. Please consult with a lawyer who holds Kansas licensure and practices in the area of family law to obtain legal advice.

    Not legal advice, just my two cents. I don't practice in Kansas or hold Kansas licensure. Consult Kansas counsel to obtain legal advice. I practice in Vermont ONLY.

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  • I have lost my voice - currently being treated by a throat specialist whom indicated that it's because of my job

    Currently not working for the last two months due to the issue above - company has eliminated all benefits except medical for which I have been paying. Been working for the company for 20 yrs. Management has been aware of situation for the last ...

    L. Maxwell’s Answer

    As a general principle of law, the exclusive remedy of an employee with respect to his or her employer, for injury sustained in the course and scope of employment, is a claim for benefits under the state's worker's compensation law. The great worker's compensation compromise, which was struck when states enacted worker's compensation legislation, was that an employee need only show that the injury was suffered in the course and scope of employment, and s/he became entitled to benefits; the employer had to fund those benefits, but then enjoyed immunity from suit.

    The exceptions to worker's compensation exclusivity are few (although sometimes third parties may be liable, as when injury is caused by defective equipment). Consult worker's compensation counsel in Florida to obtain legal advice you can rely on.

    What I wrote above is just an explanation of the general principle of law and should not be taken as legal advice. I don't practice law in Florida or hold Florida licensure. I practice in Vermont ONLY.

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  • Is an appeal of summary judgment similar to the first round? In an appeal of SJ, does the judge see only the lawyers

    and their briefs, without the plaintiff and defendant, without witnesses, without a jury? Does this mean that an appeal of SJ involves far fewer hours of work than an appeal of a full trial, and makes the cost of an appeal of SJ similar to the fi...

    L. Maxwell’s Answer

    As a general principle, the judge deciding a motion for summary judgment will deny the motion if there is a genuine dispute as to any material fact supported by admissible evidence. The judge is looking for factual disputes which matter to the question of whether one of the parties is entitled to a judgment as a matter of law. On appeal, the question is whether the trial court erred, either because the trial court granted summary judgment where there was a genuine factual dispute, or because the trial court failed to grant summary judgment where there was no real factual dispute and one of the parties was legally entitled to judgment. It is probably impossible to generalize about cost of appeal from a summary judgment motion versus cost of appeal from a trial--it just depends on what happened in the proceedings below, and how complex the issues are. As a general principle, appellate courts don't take evidence and don't re-weigh evidence or second-guess witness credibility determinations made by the court below; rather, they review the record of the proceedings below to ascertain whether the court below made a mistake serious enough to warrant reversal or remand.

    Not legal advice, just discussion of some general principles concerning legal proceedings. I don't practice in New Jersey or hold New Jersey licensure. Consult New Jersey counsel to obtain legal advice if you need legal advice. I practice in Vermont ONLY.

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  • I choked on food at a casino buffet in gulfport Mississippi had to go to emergency room later. Do i have a case to pursue?

    I choked while eating a piece of meat had to later seek treatment because throat felt like it was swelling diagnosis sensation of foreign object in throat

    L. Maxwell’s Answer

    Generally speaking, if a person is chewing on, say, a lamb chop served to him or her in a restaurant and is injured in some way by chomping down or swallowing something that has no business being in food, like a piece of the handle of a cooking implement, the restaurant will be liable. But if the object turns out to be, say, a fragment of lamb bone, the restaurant probably won't be liable. The difference is, the restaurant probably had no control over the presence of the lamb bone fragment.

    Of course, this is just a general statement of what the law is in common-law jurisdictions. Louisiana's system is different than all other states in that it follows a civil law system, so what I say here may not apply at all. Don't take what I said here as legal advice, it's just my two cents. If you want legal advice you can rely on, consult a lawyer who practices in Louisiana. I practice in Vermont ONLY.

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  • I am being sued for an online post that I did not create. A lawyer who I consulted with

    says he would file a demurrer which would cost about 2k. Wouldn't it be better and more cost effective to just say the truth and deny I did it? A demurrer is kind of like saying even though I didn't do it, had I done it, it does not fall under the...

    L. Maxwell’s Answer

    The answer to your question is probably "no." A demurrer is California's word for what many other courts call a motion to dismiss. A motion to dismiss tests the legal sufficiency of the claims made, without getting into what the facts are. If the claims are legally insufficient, you don't need to get into the facts. The problem with facts is that if there is a dispute as to the material facts, and they have some evidence which tends to show it's you, but you flat out deny that it's you, the court may have to have a trial to determine whose evidence to believe. Whereas if the complaint is legally insufficient for some reason, the court has the power just to dismiss it without getting into the facts.

    But the one to discuss this with is the lawyer. He has the full overview based on his consult with you, but we are just responding to your anonymous post.

    Not legal advice as I don't practice law in California. It's just my two cents in light of some general principles of law. Consult California counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • Do I have wrongful termination case?

    My position included HR and Accounting. For a year I have been drowning simply the amount of work was overwhelming. Both my bosses were aware of the struggle. A deadline was not missed but given incomplete information. This resulted in a memo abou...

    L. Maxwell’s Answer

    Wrongful termination means something different than most people think. The default rule almost everywhere in the United States is that an employee who is employed at will, i.e., without a contract committing the employer and employee to a definite term of employment, may be terminated for any reason or no reason at all, including an unfair reason or even a false reason, provided that the termination was not for an illegal reason. For example, employment lawyers often receive calls from retail employees terminated for theft, who protest that they didn't steal anything and were wrongly accused of something they just didn't do. Generally speaking, the employment lawyer will tell the terminated retail employee that the employer is entitled to terminate the employee for theft, that the employer doesn't have to be RIGHT about whether the employee stole. The exceptions to at-will employment are where an employee is fired based on illegal discrimination (on the basis of race, gender, national origin, skin color, religion, age over forty, disability or perceived disability, and in some places sexual orientation), or illegal retaliation (for filing a worker's compensation claim, for complaining about sexual harassment, for reporting unlawful conduct to an agency of government, for organizing a union, etc.). Other exceptions include a firing in violation of an employment manual that everyone treats as a contract and that commits employer to a system of progressive discipline which was not followed in the case of the firing at issue.

    What you describe above is a circumstance in which you were overworked and overwhelmed, failed to adhere to the completeness the job required (whether fairly or unfairly), and cost the employer money. Assuming that was the real reason you were let go, I discern no basis for a wrongful termination case.

    Not legal advice, just my two cents. I don't practice law in Virginia or hold Virginia licensure. Consult Virginia counsel to obtain legal advice you can rely on based on all the facts and circumstances including those not stated in your account. I practice in Vermont ONLY.

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  • What is the statute of limitations to file a medical malpractice lawsuit in Indiana?

    I was left in the emergency room at Parkview North after severing my thumb at work for 4 hours before being flown to Indy for surgery. Only thing nurses did was pump me full of pain meds and tell the only option was to cut the rest of my thumb off.

    L. Maxwell’s Answer

    The link below, to nolo.com, may provide general information to help answer the question you ask in the title of your post. Much more information is necessary than you include in the body of your post to be able to analyze whether you have a viable medical malpractice claim.

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  • I applied 9 years ago and was denied, I never appealed. do I need to reapply

    applied 9 years ago denied never appealed

    L. Maxwell’s Answer

    Your question is missing information needed to make sense of what you are asking. You applied for what?

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