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Gregory A Allen's Answers
Contributor Level 9
- 45 Legal Answers
- 7 Legal Guides
4
Attorney answers:
Gross Negligence or ordinary negligence? Opinions greatly appreciated.
Connecticut does not recognize gross negligence. "While the term gross negligence appears in certain criminal statutes and proceedings, gross negligence has never been recognized in this state as a separate basis of liability in the law of torts". Decker v. Roberts, 125 Conn. 150, 157, 3 A.2d 855 (1939). See also, Hanks v. Powder Ridge Restaurant Corp., 276 Conn. 314, 337, 885 A.2d 734 (2005) ("Connecticut does not recognize degrees of negligence and, consequently, does not recognize the tort...
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3
Attorney answers:
Is a P.O.A. witnessed by a lawyer in Connecticut legal in Nebraska?
The short answer is yes. Attorneys in Connecticut take two oaths, one as an attorney and one as a commissioner of the superior court. The oath as commissioner allows us to take and administer oaths, issue subpoenas and to certify signatures. There is no seal associated with a certification of a signature done by a commissioner of the superior court. As long as the power of attorney you are referring to was witnessed by two independent witnesses and certified by a commissioner of the...
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4
Attorney answers:
Would I be able to divorce my husband because he is not employed right now and we live in our house together?
He does not need to be employed for you to divorce him. Though as others have already mentioned, his employment status may effect the alimony calculation. It is best to consult a family law attorney to discuss all the relevant details that impact alimony so that you can make an informed decision. There are many factors that play into the alimony equation, not simply if he is employed at the moment.
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1
Attorney answers:
Question on Certificate of Closed Pleadings
I would personally file a motion to strike the certificate of closed pleadings as it was filed pre-maturely. You should also file an answer to the counterclaim so that you cannot be nonsuited for failing to plead to that.
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2
Attorney answers:
Settlement offer from lawyer on credit card
I am assuming that the credit card company did not collect the total amount of the debt when they attached your bank account. Assuming that is true, then yes you can settle the total remaining debt for less then the full amount owing. Your payment would go to the law firm representing the credit card company. I would get the agreement in writing from the attorney handling the file so that you can prove the terms of this settlement agreement if you have to. I would also have the filing of a...
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4
Attorney answers:
I know that after arguments have been heard the court usually has 120 days to enter the ruling. Can this limit be extended?
While judges generally do issue a ruling before the 120 days expires, the time limit of 120 days can be waived by the parties. Connecticut Practice Book section 11-19 governs the procedure. If the parties do not waive the deadline and the 120 days lapses without a ruling, a party can ask that the motion be reassigned to a difference judge. But, the motion must be filed within 14 days of the deadline expiring or the failure to request a reassignment will be deemed a waiver of the 120 day...
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4
Attorney answers:
I am being sued (along with a large group of parents and their kids.) What happens if I do not send in the "Appearance" form?
I am assuming you are in civil court. If you do not appear then a default will be entered against you. That will allow the Plaintiff's to obtain a judgment against you without you having the opportunity to defend yourself. That monetary judgment can then be enforced against you and your assets or your pay. You really should appear and defend yourselves, especially if you think you are in the right. Failing to appear may deprive you of your right to ever contest this suit including to size...
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3
Attorney answers:
Is it a good idea to sue for defamation?
You may have an action for slander. However, you will want to consider more then whether or not you have a viable legal cause of action. Filing this suit while you still work at that company may be even worse for you. The supervisors who believed the slanderous comments would be witnesses to your case and would have to testify. They likely will not enjoy that. They also will not enjoy having two employees slugging it out in court and the interference that would cause to the work place. I...
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1
Attorney answers:
What type of subpoena or subpoena form may I use to have nurse assistants testify about my participation and character?
Here are the links to the forms you will need to issue a subpoena. The first is an application for the issuance of the subpoena. The second form is the subpoena itself. These are the Superior Court forms. I am going to assume you are before the probate court as you are talking about a conservatorship proceeding. I do not know of any specific set of forms for the probate court. I have always just issued the subpoenas myself. You could try to contact the probate court your hearing is...
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3
Attorney answers:
Is it true that if a file is in active review for a modification with the lender, that foreclosure process is on hold?
That is likely true. Lenders will typically place any foreclosure action they have on hold while actively considering a loan for modification. Lenders generally do not want to own houses, they want to own loans borrowers pay on.
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