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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,222 total

  • Can I get my license in Vermont and not have to put the ignition interlock in my car?

    My license was taken from me for medical reasons (medications) the day after a car accident that became a manslaughter with a mv dui. It was taken in 2010 I was then convicted in 2012. I received time and 1 year suspension. In order to get my lice...

    L. Maxwell’s Answer

    From Vermont DMV's website:

    "Who May Not Be Issued a New License or Renew an Existing License?

    A person whose privilege to operate a motor vehicle in any state has been suspended, revoked, or refused cannot be issued a license until such suspension, revocation or refusal has been terminated and the person has been officially notified in writing of reinstatement.

    A license cannot be issued to a person when the Commissioner of Motor Vehicles has evidence that such person either cannot or will not operate a motor vehicle without endangering the other users of the highway.

    A person who is not a Vermont Resident."

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  • Can I prove that these woman are trying to conspire against him?

    My friend lives in Vermont. He recently got arrested for first degree domestic assault. He was charged for the same crime four years ago and admitted to the assault. This time, however, he swears he is innocent And I believe him. The woman who he ...

    L. Maxwell’s Answer

    Prove to whom, and for what purpose? A friend has no standing to prove anything in a civil proceeding to which he or she is not a party, nor in a criminal proceeding in which he or she is not a witness. So I suspect what you are really asking is, does the fact that these women are aligned in interest have any bearing on the outcome of the criminal proceeding? And as to that question, it is hard to know. The person who would be in a position to evaluate this information is your friend's lawyer.

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  • What should I do before hiring a lawyer to make sure I get my fees if I win?

    I filed a breach of contract case against a costumer. The contract entitled me to feed if I win. I attached a copy of our contract to the complaint but forgot to specifically ask for attorney fees. I want to hire an attorney but I'm concerned I wo...

    L. Maxwell’s Answer

    I won't speak to California law, but generally speaking a plaintiff may amend a complaint once before his opponent files a responsive pleading. If it is necessary to secure the court' s permission to amend the complaint, the general rule is that motions to amend are to be liberally granted where justice so requires.

    Hope this helps. Not legal advice, just my two cents. I do not practice law in California or hold California licensure. Consult California counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • What gave him the right to buy my records without my permission? Where is the HIPPA law.

    Made a deal with my dentist, 2500.00 for upper dentures and surgery to remove the roof of my mouth. Went to go through the final procedure to receive my permanent dentures and he sold the business. Proceeded to sue new dentist. They say he bought ...

    L. Maxwell’s Answer

    Every time I go to a doctor's office or a dentist's office I am required to fill out forms and I receive notice of their privacy policies. The forms I fill out authorize certain kinds of disclosures of health information to other health professionals. I suspect you filled out similar forms making similar authorizations and which cover the circumstance you describe. Although the records pertain to you insofar as they contain your personally identifiable health information, the records actually belong to the dentist's business--they are his business records.

    As a general principle of law, the fact that someone has purchased the assets of a business does not mean that they are liable for the acts or omissions of the former business. It is quite possible to purchase the assets of a business without purchasing its liabilities--it happens all the time.

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

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  • Was I wrongfully terminated because he could not proof the fact that I was accusing of stealing

    On January the 13 I work my whole shift after I reach home I checked my schedule I see that I was remove from the schedule for two days. I call my boss he told me I stole something so I ask what I stole he couldn't answer me. Then he say that he ...

    L. Maxwell’s Answer

    What you experienced is very common, and is not "wrongful termination" as the law understands that term. Employment lawyers who represent terminated employees often receive calls from people who were terminated because the boss thought they stole something, but they are actually innocent of stealing. The bottom line is, the boss doesn't have to be *right.* Generally speaking, employees who hold employment at will (i.e., not pursuant to a contract or an employee manual that everyone treats as a contract) and who don't belong to unions have very few protections against terminations such as you describe.

    The best remedy for having been fired from employment held at will is to find another job which you like better among bosses and co-workers who value your contributions. I wish you the best.

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

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  • Is this a HIPPA violation and do I need to contact a lawyer?

    Someone with the same first and last name as my husband and a similar birthday had Adderall filled using our insurance. The pharmacy claims the person didn't have their insurance card with them so the pharmacy called our drug coverage provider wit...

    L. Maxwell’s Answer

    It's not clear whether protected health information was disclosed in violation of HIPAA; but even if it was, there's no private right of action for a violation of HIPAA, meaning, HIPAA doesn't give the person whose information was disclosed the right to sue the entity making the unauthorized disclosure. The Office of Civil Rights of the United States Department of Health and Human Services may fine providers who violate HIPAA, and there's a method for filing a complaint with them. See link below. But the person who complains doesn't see a penny of the money that OCR/HHS collects through fines.

    Not legal advice, just my two cents. Consult Alabama counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Does HIPAA protect my current husband in my current custody battle in court with my ex husband?

    hospitalization protected by HIPAA in a custody case regarding a stepparent

    L. Maxwell’s Answer

    In certain kinds of cases, such as those in which an injured party brings a lawsuit against the person who injured him, the person implicitly waives his right to medical privacy. Based on what you wrote, I can imagine no reason why your current husband's medical privacy would be at issue in a custody proceeding between you and your ex-husband, to which he is not a party.

    Not legal advice, just my two cents. I don't practice law in Pennsylvania or hold Pennsylvania licensure. Consult Pennsylvania counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • Labor Laws.... is this double jeopardy or a hire and fire by-product for some situations? How is this not Wrongful termination?

    I been with the company six yrs. I and a young lady were conflicting at work when a package of a customer was thrown. I was suspended for 6 days. Investigation took place. I was called to come back to the build. She and I received a write wrote up...

    L. Maxwell’s Answer

    Ms. Coggin's answer is a good one. You mention "double jeopardy" in the title of your question. Double jeopardy is a criminal law concept which does not apply outside criminal prosecutions. As a general principle of law, an at-will employee may be terminated without just cause in almost every state in the U.S., provided there's no contract, or employee manual that operates like a contract, requiring the employer to have "good cause" to terminate someone. Members of union bargaining units covered by a collective bargaining agreement with management may have additional protections against discharge.

    If you need legal advice, please contact Georgia counsel. I don't practice law in Georgia or hold Georgia licensure, so don't take what I said above as legal advice; it's just general principles of law. I practice in Vermont ONLY.

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  • I am looking for a attorney specializing in private nuisance cases.

    I need an experienced real estate lawyer for a private nuisance case. I am looking to hire!

    L. Maxwell’s Answer

    Lawyers are ethically prohibited from contacting you first, and it is not a proper use of Avvo to solicit lawyers to contact you. I suggest you contact your local county bar association which may operate a lawyer referral service to refer you to someone appropriate. "Real estate lawyers" are usually people who represent persons in real estate transactions. Litigators are lawyers who represent people in disputes in the courts.

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