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Brian J Ladouceur

Brian Ladouceur’s Answers

138 total


  • My mediation was in June and I accepted the offer. I just found out my att. called the court and closed the case the next day?

    I was told at the mediation that it should be no more that a couple of weeks by all parties. Since I have been looking for answers since the middle of July. I can only talk to the secretary and he wont return any of my calls. I did track him down ...

    Brian’s Answer

    While your frustration of not being kept informed of the case status is understandable, whether or not the attorney has done anything wrong is difficult to say as an outsider. One possible explanation for the delay in you receiving your settlement (which is still no excuse for not at least returning calls), that is largely outside your attorney’s control, is that whenever a “potential” Medicare, Medicaid, ERISA or other lien exists insurers and attorneys must be extremely cautious to clear those liens BEFORE distributing settlement proceeds.

    For example, if a personal injury plaintiff has had any portion (no matter how small) of his/her medical expenses related to the injury paid by either Medicare, Medicaid, workers compensation, other state aid health plans (i.e. Husky) or employer private insurance offered through an Employee Retirement Income Security Act (ERISA) plan, then reimbursement of those expenses must occur prior to the injured plaintiff receiving any settlement money. Essentially those types of plans have potential liens against tort recoveries. If payment is made to the injured plaintiff / party without reimbursing those medical lien holders then even though the injured party / plaintiff is liable to reimburse those costs, his/her attorney may also be liable, especially if the attorney did not first identify if a lien existed, determine the correct amount of the claimed lien, and made arrangements to pay the lien from the settlement proceeds.

    One way counsel will protect their client (and themself) from these type of lien claims is to request clearance from the Centers for Medicare and Medicaid Services (CMS), the state agency administering the plan and/or the ERISA plan provider / TPA. That process can take time for a reply, especially if the medical provider includes costs for care that are not related to the injury (i.e. office visit for flu / cold, etc.) in which case those charges need to be challenged to reduce the claimed lien amount.

    Try contacting counsel again and demand a reply concerning the case status and details on why receiving settlement money has been delayed.

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    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • Can i sue my father for bringing me to the united states illegal against my will?

    I came here when i was seven in 1999, it was on someone elses name...like i came with a visa and a passport but all the information was somebody else with my picture on the passport. Since then he only applied for a i-130. Which was approved but c...

    Brian’s Answer

    You’d benefit from hiring a good immigration attorney (with general practice experience) to sort out the many issues in your question. It would appear addressing your immigration status should be a top priority as the other areas (while emotional and personally important to you) involve claims for which recovery is highly questionable.

    Immigration: While you state that you “can’t really do anything” currently, at least the I-130 approval (even without AOS – Approval of Status) is an important first step. Specific facts, family history, circumstances of your entry on a photo substitute passport (and whether you still have that original entry document) are all factors an immigration attorney can sort out and advise you of the best course of action. While the new “Deferred Acton Process” may be a last resort for someone with an approved i-130 I’ve added some details below on that program for the benefit of others who may view your question and do not have / or are not eligible to make an i-130 application.

    Home and prior alleged abuse: First, if a parent has lost his home and is living at a girlfriend’s home then any judgment claim you “could” obtain would most likely be not collectible and not worth the paper it’s written on. Why go through the time and effort if no compensation is likely? Second, being over 18 years old a parent (absent some special circumstance) has no responsibility to provide a child shelter so finding a place to live most often falls entirely on the major child (now an adult). Third, while allegations of physical (and possible sexual) abuse are very serious proving them can be a long and emotionally taxing effort. If the abuser is without financial means finding someone to pursue those potential civil claims will be difficult and possibly not worth the effort. While criminal action is possible, whether or not the authorities will pursue such claims (especially if they occurred long ago and risk of further harm is non-existent) is questionable.

    Consulting an attorney may be helpful for you (especially the immigration issue).

    SUMMARY of DEFERRED ACTION PROCESS FOR YOUNG PEOPLE:

    On August 15, 2012, the Deferred Action Process for Young People will begin. Individuals who demonstrate that they meet the following factors will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis.

    1. Came to the United State under the age of sixteen;

    2. Have continuously resided in the United States for at least five years preceding the June 15, 2012 announcement by the Department of Homeland Security and are present in the United States on June 15, 2012; 3. Are currently in school, have graduated from high school, have obtained a general education development certificate (G.E.D.), or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

    4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;

    5. Are not above the age of thirty.

    Applicants for relief will have to show through verifiable documentation that they meet these criteria. Deferred action requests are decided on a case-by-case basis.

    Young people who receive deferred action will be eligible for a work permit and be allowed to legally stay in the U. S. for two years, extendable for two more years.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relation

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  • How much money will I lose if I sell a franchise two months after signing the agreement?

    $51,000 franchise fees $70,000 to the existing seller I bought it from. $25,000 operating costs so far incurred. The original agreement was 10 years.

    Brian’s Answer

    Franchise Law is a complex area of law that involves various federal and state specific laws that govern franchising. A careful review of all franchise documents (and business sale agreements) should be made to provide proper guidance on what rights you have and to identify any built in restrictions, penalties and costs for early termination.

    For example, many franchise agreements (in addition to providing the franchisor significant control of the franchise’s method of operation) will contain restrictions limiting the franchisee’s right to transfer / sell the franchise to a third party purchaser. Often if good cause for the transfer can be shown then a franchisor will not withhold its consent to the sale. Also, in cases where transfer is permitted (usually with franchisor consent) there may also be a separate transfer fee that is required to be paid to the franchisor.

    Just as the franchisor engaged in due diligence in determining you were a good representative of its franchise system, it will have an equal incentive to carefully vet any prospective purchaser of a franchise from one of its franchisees.

    A franchise attorney should be able to help in your questions, and to see if any special circumstances exist given that the transfer is occurring so soon (2 months) after acquisition of the franchise.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • What liability protection does an LLC provide? What is "limited"?

    I'm trying to understand what protection an LLC provides. I started a sales company that sells other companies products on a commission basis. Employees are 1099. I formed an LLC thinking that I could protect my personal assets, should anything h...

    Brian’s Answer

    Protection from personal liability is a major benefit of forming and conducting business as a Limited Liability Company, yet even with such protection its advisable to obtain a suitable commercial general liability (CGL) policy / business insurance.

    Under Connecticut law a LLC member is protected from personal liability for the debt, obligation or liability of the limited liability company, whether arising in contract, tort or otherwise or for the acts or omissions of any other member, manager, agent or employee of the limited liability company and a LLC member is not a proper party to such an action. (Conn. Gen. St. Sec. 34-133 and Sec. 34-134).

    However, that personal liability protection can be squandered / lost if the member(s) / owner(s) are not careful in how they operate the LLC and/or enter into agreements with others.

    Creditors can (and often do) bring claims against a LLC’s individual members by attempting to “Pierce the Corporate Veil”. For example, Limited Liability Company members expose themselves to personal liability for a LLC’s debts when corporate formalities are not followed (i.e. fail to meet, keep corporate records, co-mingle funds / bank accounts), where an individual member so dominates every aspect of the company it becomes his "alter ego" or where the individual has engaged in a tortious act himself or a member entered into agreements before forming the LLC and/or at a time when the company is insolvent.

    In addition, even if a member does everything right he/she may oftentimes (especially in the beginning years) voluntarily waive that personal liability protection when they personally guaranty LLC loans / credit applications, etc.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • My friend got arrested for shoplifting at wallmart . Already doing the community service. Now got a letter from wallmart.

    My friend got a letter in the mail statiing that I am being charge with a civil demand in accordance with CT gen. stat. 52-564a and 52-572. Do my friend need to pay it.

    Brian’s Answer

    While some people ignore such civil demands and nothing further happens because the merchant never pursues it further (or doesn’t hire a lawyer to collect), a number of merchants find attorney’s to aggressively collect these debts via the small claims court in Connecticut. Therefore, generally speaking I tell Connecticut people that ignoring the issue will make it worst, however, if the dollar demand is low its not uncommon for people to pay it (or try to negotiate a lower amount) and put the issue behind them.

    For your information, in Connecticut a merchant has a statutory right to pursue theft in civil court (as opposed to criminally) and seek damages (see, Conn. Gen. St. Sec. 52-564a). If a merchant pursues civil action using Conn. Gen. St. Sec. 52-564a, it's entitled to the retail value of the merchandise taken (if not recovered or recovered in an unmerchantable condition) plus the actual and reasonable costs of maintaining the action, including court costs and a reasonable attorney's fee, plus punitive damages in an amount not to exceed three hundred dollars.

    Also if the person is a minor child then (per Conn. Gen. St. Sec. 52-572) a merchant has a statutory right to pursue the parent(s) or guardian of any unemancipated minor(s) who “willfully or maliciously cause damage to any property” on a joint and several basis for the amount of damage up to $500.

    As it sounds like the criminal charges are being addressed via community service (with a likely dismissal upon program completion) anyone who is arrested for shoplifting (or any crime) that is foreign born or non US Citizen should consult with an attorney first because admitting fault on even a minor shoplifting charge (misdemeanor) could adversely impact pending / future immigration applications they may make.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship

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  • Wife's neck cut by hair stylist during haircut. Do we have a case?

    Wife went to a national chain of hair salons (some franchised), for a haircut. During the service, the stylist nicked the back of her neck, leaving a 1 inch gash that required a emergency room visit to close. Do we have sufficient cause to proce...

    Brian’s Answer

    Depending on the extent of the injury (1 inch gash requiring ER visit), amount of emergency room costs and likelihood of a permanent visible scar, it’s advisable to consult an attorney for a more complete review.

    Two possible causes exist to pursue damages, and any action would be advisable to include both the salon and the hairdresser / barber (as she/he maybe an independent contractor and not an employee of the salon).

    First, a person performing such services has a duty to exercise reasonable skill and care that presumably doesn’t include inflicting a severe laceration during the haircut. The inured party to show actionable harm must prove a duty of care exists, a breach of that duty occurred and a causal connection existed between that breach and the resulting harm. Beware that the deadline to file a negligence claim (pursuant to C.G.S. Section 52-584) is within two years from the date of injury

    Second, another possible theory for recovery (which is less desirable) is to claim that the other person breached the parties’ implied service contract which included in that agreement was an understanding that the recipient would not be injured as a result of receiving that service. The injured party would need to prove the existence of the agreement (i.e. implied by the conduct of the parties – enter salon, directed to sit in chair, begin haircut, etc.), that safety and protection from injury are inherent in such an agreement, and that during the performance of that service harm occurred.

    Visiting an attorney for a consultation may be beneficial to fully understand the circumstances of your wife’s case and the extent of her possible claims, so that an informed decision of whether to pursue claims or not. Good luck.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • Do i have to pay the bank back for cashing a check without clearing it first ? Money was in bank for at least a couple of days

    Hello i was just wondering i got a job on craigslist i was supposedly going to be a babysitter for a family moving to my area from quebec canada ibman ive been speaking with the last couple of weeks sent me a check for $2,485 he told me my first w...

    Brian’s Answer

    Unfortunately you were the victim a pretty common scam (see http://www.fox4now.com/news/local/138828869.html) and generally speaking the Bank has no responsibility to refund money you took out of your account when one of your deposits did not properly clear.

    While $2400 loss is a bitter pill to swallow hopefully you learn from it, don’t make the same mistake again, and question future deals that seem too good to be true. If you want to report the incident, CraigsList suggests a few places to start (http://www.craigslist.org/about/scams).

    Best of luck.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”. 

Disclaimer:

    The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • Company registered in : NY Type :INC Can I sue a company in NY which has a status of INACTIVE - Dissolution by Proclamation

    I worked for a IT consulting company in NY.The company issued postdated checks towards my backwages.When I checked company's status in NY SOS website it has status of INACTIVE - Dissolution by Proclamation / Annulment of Authority (Aug 1, 2009) ...

    Brian’s Answer

    Consultation with an attorney licensed in NY is advisable given the location of the LLC (and presumably the state you worked in when issued the post dated checks).

    To expand on Attorney Burns’ post it may make sense to pursue the new company, old company and the owner to cover as many potential claims as possible. If this were a Connecticut case one limiting factor to be aware of is that in Connecticut a wage and hour claim (i.e. missing overtime / non-payment of wages) is subject to a 2-year deadline. While very little time “may exist” to pursue the 2010 activities, the likelihood is the 2004-2005 activities would be time barred.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”. 

Disclaimer:

    The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

    See question 
  • I set up an LLC 18 years ago and never used it or conducted any business with it. Can I still use that company.

    Can I change the name and get it up and running.?

    Brian’s Answer

    Check the CT Secretary of State website (http://www.concord-sots.ct.gov/CONCORD/) and search and see if the LLC is even active. 18 years is a long time to pay annual entity taxes and not use the LLC so after typically 3 years of inactivity (i.e. no annual report filing / entity tax payments) the State will administratively dissolve the LLC. While a process exists to reinstate a dissolved LLC (and pay all the back fees and taxes) unless a compelling legal reason exists to do so (i.e. keep liability from some prior activity within the LLC vs. personally) it may make sense (and be cheaper) to form a new LLC.

    If the LLC is active (and has no liability to other persons from its prior operations) then a simple name change could be the answer. A name change in Connecticut with the CT SOS is accomplished by filing an Articles of Amendment (http://www.sots.ct.gov/sots/lib/sots/commercialrecording/allforms/articles_of_amend_-_domestic_llc.pdf) and selecting Name Change Only in section 2.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”. 

Disclaimer:

    The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

    See question 
  • Can I sue a midas for not inspecting my car after service. leaving a tool in my engine.

    engine was smoking on side of road

    Brian’s Answer

    While you “can” sue almost anyone whether it is worth the time and expense to file a lawsuit will depend on how strong your proof is that the tool belonged to Midas and that it being left behind was the proximate cause of your engine damage.

    While generally most Court’s would find leaving a tool behind after a repair as negligent behavior on the part of the mechanic, negligence alone may not lead to damage recovery if that action and the damage are not related.

    Prior to starting legal action you might consider seeing if Midas will voluntarily repair your engine damage, especially if you politely meet with the shop manager, produce your repair receipt from the visit you claim they left the tool behind, produce the tool you claim belongs to them and was left behind, and specifically argue why the damage resulted from that tool’s presence in your engine compartment. You may find they will voluntarily fix the issue without your having to go through the cost and expense of suing them (and potential delay in getting your car fixed).

    If no resolution can be agreed to, and you go elsewhere to fix the car, make sure to save receipts and get a statement from that mechanic describing the damage and his opinion of the cause of the damage. You’ll need that info for court.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship

    See question