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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,099 total

  • Can a bar/restaurant refuse you service for no reason?

    Can a bar owner refuse service to anyone just because they have a sign up saying we have a right to refuse service to anyone? Went into this bar/restaurant ordered food owner sat there and watched me eat paid my check then came over to me and said...

    L. Maxwell’s Answer

    As a general principle of law, so long as a place of public accommodation doesn't discriminate on the basis of a patron's membership in a protected class, it may freely turn away those whose business it does not want. A business may declare a particular person persona non grata (personally not welcome) because the owner doesn't like him, for example, or because he's the ex-husband of the owner's niece, or because his personal hygiene leaves something to be desired, but NOT BECAUSE, say, he's black, or Jewish, or of Asian Heritage, or because he speaks accented English, etc. If you believe you have suffered unlawful discrimination at places of public accommodation, contact your state's Attorney General's office to file a complaint of discrimination.

    Not legal advice, just an explanation of some general principles of law. Consult Minnesota counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Dear Sir, If I can SHOW the Court's wrong understanding of my case, and so giving a verdict on a

    case that never happened, As I was in a coma, ,then a zombie.,could not do much.-=so the misunderstanding. Hence. Do I get a chance to make an appeal automatically, without paying any attention to the statute of limitations. To do this, wha...

    L. Maxwell’s Answer

    Under certain circumsances, a statute of limitations may "toll" (be delayed in starting) on account of an incapacity of the plaintiff. You don't say enough here to permit an evaluation of whether tolling may apply to your circumstance. For that you must see a lawyer who handles civil litigation. Much turns on the specific facts and whether a disability of the party existed at the time where it mattered.

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    I can not believe the legal system when it come to TRO's. When it come to restraining a man but not a women this is a double standard. Our son's wife is attacking him while he sleeps, punching him in his face, blacking his eye and spraying him in ...

    L. Maxwell’s Answer

    Understand why "track record" has nothing to do with anything: In making a judicial determination (such as whether to issue a TRO or not), the judge cares about the people the lawyer represents, not the lawyer him- or herself. What lawyers say is not evidence. Every lawyer has clients who should lose as well as clients who should win, and almost every case has some "bad facts" which are going to come into evidence because there can be no meritorious objection to their introduction. Under such circumstances, what can a "track record" or some "percentage" mean?

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  • Hi there. I need some help please. I want to patent a blend and formula what do i need to do?

    I want to be able to say This product contain patented unique blend that formulated specially to deliver maximum results"

    L. Maxwell’s Answer

    It's expensive to seek a patent. It's not just a matter of filling out the right forms. Expect to spend a bunch of money on a patent lawyer. Patent applications are no sport for amateurs--even lawyers who aren't admitted to the patent bar don't touch them.

    But if you don't actually need a patent, if it's just a trade secret, don't waste your time seeking a patent.

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  • What are my rights as a car owner to prevent a collision repair shop from selling my car?

    Unpaid repairs

    L. Maxwell’s Answer

    The link below looks relevant. Take a look especially at Sections 70.001 and 70.006.

    Not legal advice, just general information. I don't practice in Texas so if you need legal advice consult Texas counsel. I practice in Vermont ONLY.

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  • How to ensure photographer doesn't post or share semi nude photos?

    I was doing a photoshoot with a photographer that I didn't know. He coaxed me into taking my top off and I got semi nude/risqué photos. It was in a public place (park/waterfalls/pool). Later he posted one of the photos on his Instagram even though...

    L. Maxwell’s Answer

    Is it possible you can persuade him to sign an agreement to destroy them or not to publish them? Sure. But since he has the photos and you don't, I can't see how you can "ensure" he deletes them or doesn't post them. If he posts them publicly, you may have some legal remedies to make him unpost them, but unless/until he does so, I am not sure you have any legal power to control what he does with them.

    If you just want copies, and he won't provide them, I suppose you may have a contract claim in small claims court, insofar as your participation in the shoot was consideration for him providing you with the photos he took.

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

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  • Are any exceptions made in Medical Malpractice or Neglect .

    Due to certain problems I did not contact an Attorney . I was diagnosed with PTSD. I lost my home 40 years and could not find the Documents naming me Executor of my Aunts Estate .

    L. Maxwell’s Answer

    The facts you recite here are far too spare for anyone to hazard a guess about your circumstance or any rights you may have.

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  • What is the legal amount of time a company has to pay an independent contractor?

    What is the legal amount of time a company has to pay an independent contractor once the company is no longer using that independent contractor? This independent contractor has not turned in a final invoice for payment. She did not keep a r...

    L. Maxwell’s Answer

    I don't think you're going to find an exact law that speaks to the issue, because the person is not an employee, s/he's an independent contractor.

    Just reasoning about this by applying general principles of law, if someone is an independent contractor, that means the framework governing how services shall be rendered, and when payment is due, are determined by what the contract says.

    States generally have laws providing how often employees must be paid, including how long after the employment terminates; states also have statutes of limitation for bringing suit for breach of contract. An independent contractor, as you know, is not an employee.

    An independent contractor who has not been paid after rendering performance under a contract may bring suit against the party who has not paid him or her, in accordance with the state's general statute of limitation for contract claims.

    A person who hasn't been invoiced for services performed by an independent contractor which would ordinarily be expected to be itemized and invoiced can't be expected to know how much she owes the contractor.

    Just general information, not legal advice. I don't practice law in Texas or hold licensure there. Consult Texas counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Can a student harass a teacher, and/ or create a hostile workplace environment?

    A student habitually harassed, intimidated, and verbally abused me in my classroom. I contacted the parent, and let her know I may have to seek legal recourse. My District is of the opinion that a student cannot harass a teacher, no matter what...

    L. Maxwell’s Answer

    Let me just touch on some of the issues raised by your description. I am not talking Florida law here, only "general law."

    People have this notion about "hostile work environment" and that the law forbids it. What they often don't know is that "hostile work environment" is a term of art that arose out of the federal law of employment discrimination on the basis of gender. It refers to a work environment so permeated with come-ons, cheesecake posters, innuendoes, sexual banter, catcalls, etc., as to create completely different working conditions depending upon whether you are male or female. "Hostile work environment" does not refer to garden-variety workplace bullying or the presence of hostility in the workplace.

    Teachers are generally members of unions, and unions bargain collectively with management regarding working conditions. A teacher who has been removed from teaching duties will typically have certain rights to grieve management's action under a collective bargaining agreement. Commonly such grievance is subject to very tight deadlines and if the union member fails to comply with those deadlines the right is gone. Generally I advise union members to read the collective bargaining agreement, to grieve management's action if they have the right to do so, and to consult with their union representative. Typically only the union has the right to invoke the more advanced stages of the grievance procedure, up to and including binding arbitration which is generally a part of the appeals process laid out in the CBA.

    I will leave to Florida lawyers to discuss such rights as they think you may have under Florida law. My purpose here was simply to alert you to the presumptive existence of a collective bargaining agreement, and to discuss "hostile work environment" from the perspective of the federal law where it developed.

    Consult Florida counsel if you need legal advice. This is just my two cents. I practice in Vermont ONLY.

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